Lenihan raises Asbos concerns with McDowell

The Minister of State for Children, Brian Lenihan, has raised concerns with Minister for Justice Michael McDowell over his plans…

The Minister of State for Children, Brian Lenihan, has raised concerns with Minister for Justice Michael McDowell over his plans to introduce anti-social behaviour orders (Asbos).

He is believed to have expressed unease over a number of issues including the possibility that they would lead to the identification of young people who breach Asbos, implications for welfare provisions in the Children's Act, and the age of criminal responsibility to which the orders will apply.

Mr Lenihan declined to comment to The Irish Times yesterday but confirmed he had discussed issues relating to Asbos and the Children's Act with Mr McDowell.

A spokeswoman for Mr McDowell, however, said discussions had taken place over plans to "fully integrate" the Asbo system into the Children's Act for under-18s.

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She said a lengthy meeting between Mr McDowell and Mr Lenihan took place and both Ministers were supportive of plans for Asbos.

Ombudsman for Children Emily Logan, meanwhile, has also expressed concern at the implementation of Asbos.

She told The Irish Times yesterday that adults' civil liberties and those of children were at stake under broad plans for Asbos. She said anti-social behaviour needed to be tackled through additional support and by adopting an integrated welfare approach, provided for in the Children's Act.

If corrective measures such as custody were necessary, they should only be taken after all other avenues have been exhausted, with an emphasis on the rehabilitation of the child or young person.

Ms Logan is due to meet with Mr McDowell in the coming weeks to discuss the plans.

Meanwhile, children's rights campaigners are voicing mounting concern over Asbos, which they say are a threat to the rights of all citizens, including children.

Under the Asbo system, gardaí would be able to apply to the courts by way of civil procedure for an Asbo, which would prohibit a person from behaving in an offending way.

The Coalition Against Asbos, a grouping of more than 20 different interested parties, will today say Asbos are unnecessary and will call for the full implementation of measures in the Children's Act, such as community sanctions, family welfare conferences and Garda diversion projects.

Matt Foot, a criminal defence solicitor and co-ordinator of Asbo Concern in Britain, is to brief TDs and senators on international evidence arising from the implementation of Asbos.

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