Minister for Justice Michael McDowell is to introduce a separate system of antisocial behaviour orders (Asbos) for young people following concern over their impact on children's rights. Carl O'Brien, Social Affairs Correspondent reports
Campaigners had expressed fears that the measures would lead to the criminalisation of children for behaviour which is not in itself criminal, and undermine the welfare approach of the Children's Act.
However, under new plans children who breach the orders will receive less serious penalties, such as curfew orders, while an adult who breaches an Asbo runs the risk of a jail sentence.
The orders will also differ significantly from those in the UK, where Asbos have been in place since 1999.
In the coming weeks the Minister will announce:
Only senior gardaí may apply for Asbos from a court, unlike the UK where local authorities and registered social landlords may also do so.
Mr McDowell has also asked the Minister of State for Children, Brian Lenihan, to "fully integrate" Asbos with the Children's Act. However, this move is unlikely to appease campaigners who want the plans to be scrapped.
Irish child-law expert Geoffrey Shannon, who has expressed concern over their introduction, said Asbos would undermine much of the progressive work done in the childcare area.
"It's a significant improvement on the situation in England and Wales, but any attempt to introduce Asbos would fundamentally undermine the principles underpinning the Children's Act."
He said the identity of children who are the subject of criminal proceedings was prohibited by the Act, yet Asbos would undermine this. Children would also have criminal records for breaching Asbos even though the focus of the Act was to offer children the opportunity to avoid a criminal record.
However, Mr McDowell defended the introduction of Asbos, and said communities needed greater protection.
"At the moment gardaí are in a hopeless situation, and often have absolutely no prospect of getting a criminal conviction for antisocial behaviour. The opponents of this are not from working-class areas - the opponents are all coming from an ideological distance . . . middle-class background. I haven't seen a single deputy from a working-class area say this is a bad idea."