Gay Mitchell
Question:452 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if he will make a statement on the contents of a letter from a person (details supplied) in Dublin 12. [23876/01]
Written Answers. - Public Order Offences.
I am well aware of the difficulties faced by residents as a result of anti-social activities of this nature. As Minister, I am determined to ensure the Garda Síochána has all the legislative powers, manpower and financial resources it needs to effectively tackle public order issues. In fact, the letter referred to by the Deputy acknowledges that the increase in Garda resources is bearing fruit. While I can appreciate the distress caused to residents by the disgraceful behaviour of the people who were drinking in public on the 29 September 2001, it is only fair to point out that the Garda Síochána did succeed in moving them on later in the evening. With regard to the powers available to the Garda, the legal position is that section 4 of the Criminal Justice (Public Order) Act, 1994, makes it an offence for any person to be present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he or she might be a danger to himself or herself or to any other person in the vicinity.
Section 5 of the 1994 Act creates the offence of disorderly conduct in a public place and section 6 creates the offence of using or engaging in any threatening, abusive or insulting words or behaviour. Section 8 of the 1994 Act empowers the Garda to "move on" persons who are acting in a manner contrary to the provisions or who are loitering in a public place in circumstances which give rise to apprehension for the safety of persons or property or the maintenance of the public peace.
The Garda has not indicated that the operation of the provisions in question has given rise to any particular difficulties. The provisions of the 1994 Act are used extensively by gardaí and I believe that it is widely accepted that the legislation has proved invaluable to the Garda in dealing with public order issues. While I have no plans for further legislative changes, I can say that the operation of the law in this area is being kept under review by my Department. I shall also, of course, take into account any recommendations that may be made on the subject matter by the commission on liquor licensing which I have established, with the approval of the Government, to review all aspects of the liquor licensing system.