Asbos on children will stay private - McDowell

Minister for Justice Michael McDowell will announce today that children who are the subject of anti-social behaviour orders (…

Minister for Justice Michael McDowell will announce today that children who are the subject of anti-social behaviour orders (Asbos) will not be publicised in the same way as they are in the UK.

Leaflets with photographs of young people who are the subject of Asbos have been distributed in communities in Britain. Members of the public are encouraged to contact the police if the person is seen to breach the terms of their order.

Mr McDowell will tell a forum on Asbos at the Green Isle hotel this evening that orders in relation to children will be subject to the restrictions of the publicity provision of the Children's Act.

However, at the discretion of a judge, there would be provision to allow some publicity if it was determined that the order would otherwise be ineffective.

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A Government source gave the example of a child who has been vandalising a lift in a block of apartments, where local people would need to know that an Asbo had been taken out in relation to the offence.

However, the privacy measures are likely to meet with disquiet from campaigners.

The Children's Act prohibits the public use of the name, address or school of a child, or any other information likely to lead to identification of a young person who appears before the Children's Court.

Geoffrey Shannon, a solicitor who specialises in children's rights and family law, said: "Any attempt to generate publicity surrounding Asbos would be the modern equivalent of the medieval stocks by naming and shaming children."

As well as the privacy provision, Mr McDowell will emphasise other plans for Asbos aimed at taking account of children's rights and using the orders as a "last resort".

They include a series of measures which authorities must take account of before seeking to issue an Asbo.

They include a "street warning" from the Garda, followed by a "good behaviour contract".

For Asbos issued to children under the age of 14, the court could order parents to undertake a parenting course with an appropriate agency or undergo treatment to deal with addiction problems which might be at issue.

The final proposals are due to be published later this year.

Mr McDowell has been keen to emphasise difference between his plans for Asbos and the system operating in the UK, which has been widely criticised.

The measures have been criticised by a number of groups, including the European Council's human rights commissioner, Alvaro Gil-Robles, who recently accused the British government of "Asbo-mania".

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent