ASBO

by David Dunne
On March 1st 2007, the Irish government brought in legal measures aimed at counteracting behaviours that can be considered anti-social. ASBOs (Anti-Social Behaviours Order) can now be given out to children who are at least 12 and younger than 18, and are aimed at “conduct which caused or was likely to cause alarm, harassment or distress to one or more persons”. The ASBO has been in full effect in England and Scotland for a few years, and typically, they can be given out for vandalism, theft, begging and other forms of abusive behaviour. Breaking the rules of an ASBO can result in fines of up to €800 to three months detention in a Children Detention School.


Right then, so there’s the facts. Now for the reality. Do I think ASBOs are a good idea? Yes. BUT, do I think they will work? In theory. In theory, communism works! In theory!


Before charging into how Ireland hopes to issue these orders, let me offer you a few examples of ASBOs given in England over the last three years. In East Manchester, two teenage boys were forbidden to wear a single golf glove. A 13-year-old boy was told he was no longer to use the word “grass”. A 17 year old was told he was not to leave his house via the front door. An 87-year-old man was forbidden from being sarcastic to his next-door neighbours.


A 23 year old was given an ASBO to prevent her from jumping into rivers, canals or railways. Her ASBO meant that if she attempted to commit suicide again, she would be sent to prison. A fan of Rap music was barred from owning a stereo, a television or a radio of any kind.


I could probably fill up this entire page with even more crazy examples of ASBOs issued in England, however, I think you’ve probably got where I am going with this. These ASBOs are being given out for the most ridiculous of “behaviours”, and were often nonsense. The law leaves an open-end in terms of what can be deemed as “anti-social”. In fact, ASBOs do not solve the problem but move it from one area to another. They criminalize acts that are in themselves not criminal, and often will further alienate the person from their communities.


However, the Irish government have taken this on board, and apparently ensured that they will only be used as a last resort. Before giving an ASBO, a number of steps must be taken first. These include a written warning, a meeting with parents and gardaí, a good behaviour contract and a referral to the Garda Youth Diversion programme. However, this presents some problems to me.


For one, it’s putting a lot of confidence into the Gardaí, something I have very little of to be honest. These so called precautions would require a lot of interaction between the Guards and each kid who is causing them problems, and take up a lot of their time. Even ignoring the fact that this would mean that the police were spending less time chasing the real criminals, the Gardaí in recent times have done little to impress me with their dedication.


When my house was broken into a few years back, it took them hours to come to the house, by which stage the criminal could have probably made it to Mexico. When someone I knew reported an assault not that long ago, and said that he feared for his life, it took nearly 24 hours for them to get out to him. Do people really think that the Gardaí are going to have the time to sit down with kids and parents to discuss an odd behaviour?


But maybe I should have more faith. Maybe they will put the time and effort into making this work.


My major problem however lies in the fact that the people who are most likely to receive ASBOs will not even be fazed by them. The people who I am referring to are “knackers” (a term I stared using after hearing Neil Delamere on “The Panal” on RTE”), but you may know them as “Chavs” or “Urban Scumbags” and are they usually identifiable by their Champion Sports bags, hats placed on their head at 90 degree angles and white hoodies.


Having witnessed them first hand, let me tell you something. The ASBO is now going to become, in a perverse way, a “badge of honour” of sorts. These people tend to crave attention, and often will resort to many of the so-called “crimes” which will result in an ASBO. However, all this is going to do is justify their actions. They will think that it is “cool” to get an ASBO, and their friends will egg them on.


The people who would be afraid of getting ASBOs are the ones who would not get them anyway. The people who will get them won’t change their ways, and I have to believe that the police are not going to follow around a kid 24/7 to make sure he doesn’t make any sarcastic remarks.


In Ireland, we have taken England’s problem of being too hasty with handing out the orders and have decided to follow the completely opposite route. The kid in question nearly has to kill a guy to get an ASBO, and even then, it will take time!


I’m not going to try and justify these anti-social behaviours. I would never. However, I think ASBOs in their current form cannot deal with the problems that the Gardaí are going to be faced with.

In 2006, of the 640,000 calls made to “Childline”, only 242,000 were answered. Wonderful! How about instead of pumping money into trying to give out these pointless ASBOs, we try and answer the distress calls of the children who want help? Maybe if we stopped and listened to their problems, we would find a solution for ours!