On-The-Spot Fines Raise Questions About Irish Human Rights

Opposition has been mounting to the amendment to our criminal justice legislation currently being pushed through the Dail by the Minister for Justice Michael McDowell, that would allow Gardai to impose unique on-the-spot fines for so-called Anti-Social behaviour, such as intoxication in a public place and disorderly conduct.

Such fines will fall between e100-e200, and Minister McDowell is pushing for their implementation before the end of the year. In an already widely-quoted speech An Taoiseach, Bertie Ahern, said recently that he realised this “will be regarded by many as a draconian position”, but “the reality is that if young people do not get a bit of a rough time from the police, we will never address these issues”.
The bill also includes the introduction of Anti-Social Behaviour Orders (ASBOS), giving Gardai the power to request a Civil Order prohibiting a person from repeating certain behaviour. Such orders exist in the UK and Northern Ireland already.
The government has made the case that this type of prosecution for non-criminal activities will save Garda resources and time. However, there is increasing concern that offenders, particularly the younger offenders, will breach these orders and end up with permanent records. Concern has been expressed about the legislation by many youth groups, among them the The National Youth Federation. The Irish Youth Justice Alliance is also opposed, arguing that ASBOS breach human rights and are fundamentally contrary to the resolutions in the Children’s Act 2001 which are designed to cope with this problem.

UNPROVEN REMEDIES
Trinity College law professor Ivana Bacik also reflects this sentiment.
“I think ASB is a really serious issue and makes life a misery for many," she says. "However, I think we have a really good template for dealing with it, provided in the Children’s Act, given that a lot of the behaviour is from young people. We have a good template for a reformed youth and juvenile justice system, but it hasn’t yet been implemented. So we should work on that before coming up with these unproven remedies”.
She also reiterated the fear that human rights may be contravened through ASBOS.
“I would be concerned, from a civil liberties point of view, that adequate protections aren’t provided and that it’s encroaching on the normal rights of somebody accused of a criminal offence," she says. "The problem with ASBOS is that they will not be effective unless they’re backed up by adequate supports and interventions, particularly for young offenders."
Fine Fail TD and member of the Dail Justice Committee, Charlie O’Connor, is on the Minister's side. He sees the legislation as a suitably weighted answer to a serious problem.
“You have to protect those families and those in communities who do not want to have their whole lives spoilt and upset by Anti-Social Behaviour," he says. "So some action is needed and I think the Minister is responding to that. We just can’t continue to tolerate it.”
But he insists that he doesn’t want to see more and more people with criminal records.
“The matter has to be dealt with and cleared, but at the same time we have to be careful that we don’t give young people a criminal record arising from these issues, unless persistence actually forces the system to do that.”
“We have to tackle the root causes and I’m very sensitive about that," he adds, "but I’m also sensitive about the huge number of people ringing my office, stopping me in the street and going to my advice clinics and telling me that Anti-Social Behaviour is a problem that needs to be sorted out”.

Social Reasons
Rory Hearne, Vice President of the Union of Students in Ireland, who have been mandated by members to oppose the measure, is adamant that the bill represents “an infringement on civil liberties, in that the discretion is up to the Gardai.”
“If somebody is alleged to have committed a crime they should have the opportunity to go through the courts and use the procedures that exist," he insists. "People are supposed to be innocent until proven guilty and the guards have shown, through the May day protests and all the different tribunals that are going on at the moment, that there’s questions as to whether they’re the best people to be given this power. "What you’re going to see," he predicts, "is a criminalizing of behaviour that isn’t necessarily criminal”.
He says to deal with Anti-Social Behaviour we must look at the social causes of this behaviour and address them.
“The figures are there to show that crime is decreasing in Ireland and this seems to be built on a US-style hype and fear basis. And it seems to be done for political gain, rather than looking at the on-the-ground situation and concrete reality.”
“In the majority of cases you’ll find that there are social reasons for persistent Anti-Social Behaviours," he says. "I think that if you look at the lack of youth clubs, public swimming pools, non-alcoholic venues etc, you have these huge sprawling suburbs in Ireland with no facilities. "Dealing with it in such an authoritarian way is going to aggravate the situation, rather than looking at the solution. Its very unfortunate that no politician is giving the sort of lead that's needed in relation to this.”