Posts from — February 2010

Yesterday in the High Court, there were 56 applications for repossession, including 30 by sub-prime lenders, showing that Ireland is on the precipice of a repossession crisis according to Fine Gael Housing Spokesman, Terence Flanagan TD.

Deputy Flanagan said today (Tuesday) that there has never been a greater need for homeowners to be safeguarded from repossession and once again called on Fianna Fáil to adopt Fine Gael’s Homeowner Support Scheme.

“Fianna Fáil and the Greens inaction on the issue of families facing repossession is unforgivable.

“There are over 6,400 homes facing repossession and, in just a matter of days, the one year moratorium for these householders is about to expire. Despite repeated calls for action from the Government, nothing has been done.

“Once again I call on them to adopt the Fine Gael Homeowner Support Scheme. Fine Gael is the only Party that has a plan to help those in dire need and protect the thousands of Irish families facing repossession of the family home.

“Our Homeowner Support Scheme would allow NAMA to take an equity share in a property after negotiating a write-down in the outstanding debt with the relevant financial institution. The property owner would then service his or her remaining share of the debt and pay a rental fee to NAMA for the equity share taken by the Agency. The homeowner will have an option to buy back the NAMA equity share and if the property is sold, NAMA will receive its share of the sale.”

Crime statistics tell only part of the story. I know that of the many people who are affected by anti-social behaviour, not everyone will report it to the police because they think that nothing can be done. This has to change and that is why I believe we have to make tackling anti-social behaviour a key priority at local level.

I recognise that anti-social behaviour is caused by all age groups, not only the young and not only in deprived communities.

I contend that the basic principle is that every one of us has rights, but we also have responsibilities. That principle is, after all, the core requirement for a healthy civic society. A society where we respect each other and our property and where we respect the communities we live in.

Most people in Ireland live their lives in a law abiding manner and bring up their children by that principle. But there are a few among us who do not fulfil their side of the bargain. That small minority undermine the lives of the many. Working together we can turn the tide on anti-social behaviour.

Broad range of anti social behaviour

Examples of anti-social behaviour that can be tackled by Community Service Order include:
• Harassment of residents or passers-by
• Verbal abuse
• Criminal damage
• Vandalism
• Noise nuisance
• Writing graffiti
• Engaging in threatening behaviour in large groups
• Racial abuse
• Drinking alcohol while under age
• Substance misuse
• Joyriding
• Begging
• Throwing missiles
• Assault
• Vehicle crime.
• Dogs barking incessantly

Current position

The Current position from my point of view is that many people who complain about anti social behaviour call their local councillors expecting the Council to resolve the problem or the Gardai to respond to the call. In most cases the perpetrators have moved on before the Gardai arrive and tell them to move on. Eventually, the residents give up complaining believing nothing can be done. Many are afraid to put their names to paper for fear of reprisals. In February the Minister for Justice, Equality & Law Reform stated the key priority for the Garda Siochana must continue to be serious organised crime, policing communities and preserving peace and public order. He wants the Gardai to achieve the maximum levels of safety for local communities.

The White Paper on Crime Consultation Process highlighted co-ordination of crime prevention efforts between the relevant agencies, community policing, community partnerships to prevent crime and improve quality of life, greater use of community based sanctions, restorative justice and more.

The Current Bye Law for the prohibition of consumption of alcohol in public places is specific to certain areas in the county. By amending this bye law or introducing a new anti-social behaviour bye law will enable the matter to be tackled efficiently and effectively. I contend that a Bye Law for the prohibition of Anti-Social behaviour is within the remit of the Local Authority members. According to recent report by County Solicitor, “there is a ‘catch all power‘ to take such action as it considers necessary or desirable to promote the community interest in accordance with Section 66 of the Act and it is this provision that was used to justify the passing of byelaws re consumption of alcohol in public places”.
Effective enforcement
• By introducing new or strengthening the current Bye Law at Local Authority level to introduce appropriate deterrents . i.e. Community service orders if behaviour is not modified after warnings (if appropriate) from Gardai/Probation /Garda Reserve Officers.
• Offenders given a choice to complete Community Service Order or proceed to Court. If behaviour is more severe, immediate Community Service order imposed. Probation Officers could oversee the Community Service Orders (CSO) or the Garda Reserve in consultation with other agencies.

This bye law will:
• Strengthened local authorities/Garda powers to tackle noisy neighbours
• Strengthening local authorities/Garda powers to deal with landlords who don’t tackle anti-social behaviour by their tenants
• All complaints and data to be logged monitored and assessed on continual basis for effectiveness of response.
• All complaints to Local Authorities members to be fed into system.
• Give protection to whistleblowers.
• Protecting and empowering communities – Trinity of Local Authorities, Social Workers ,Garda & Community working together with clear lines of responsibility and timely responses.
• Recognition at national and local level that appropriate resources must be allocated to specifically tackle this problem.
• Key personnel to be appointed to administer the scheme, liaise with other agencies and oversee Community Service orders and provide data feedback and monitoring

Strategies for tackling Anti Social behaviour

These include:
• Extending Anti-Social CSOs orders from 12 year-olds to adults.
• Introducing focused, visible Community Service Orders
• Introducing Parenting Orders requiring parents to act in the best interests of their children
• Banning the sale of spray paint and permanent paint markers to under-16’s
• Set up proactive anti-social behaviour units
• Responsible Planning strategies to minimise anti-social behaviour
• Encouraging wider use of Acceptable Behaviour Contracts for children and parents
• Highlight Local Authorities responsibility for litter, fly-tipping, graffiti and abandoned cars
• Piloting ‘good neighbour’ declarations setting out the respective responsibilities of landlords, tenants and agencies
• Introducing fixed penalty notices for some anti-social behaviour

ASBOs and Community Service orders are both designed to put a stop to anti-social behaviour by the individuals on whom they are imposed. But they work in very different ways, and these differences will inform the judgement of professionals as to which of them may be the best option in any particular case.

The most obvious difference is that the ASBO is a statutory creation, and carries legal force; the Community Service order may be an informal procedure, though not without legal significance. The advantage being that the offender gets a chance to make good and doesn’t receive a criminal record with possible jail sentence.

The purpose of the new or extended bye law is to deliver real improvement in the quality of life to communities around the country, enablingLocal Authority/Gardai to impose orders under certain circumstances. Acceptable behaviour contracts are voluntary agreements made between people involved in anti-social behaviour and the local police, the housing department, the registered social landlord, or the perpetrator’s school. They are flexible in terms of content and format. Initially introduced in the London Borough of Islington to deal with problems on estates being caused by young people aged between 10 and 17, they are now used with adults as well as young people, and in a wide variety of circumstances. They have proved effective as a means of encouraging young adults, children, and importantly, parents to take responsibility for unacceptable behaviour. They are being used to improve the quality of life for local people by tackling behaviour such as harassment, graffiti, criminal damage and verbal abuse.

This bye law can draw on the experience of police services, local authorities, youth offending teams, and other organisations. It is intended for use by practitioners – people with a professional responsibility for tackling anti-social behaviour, whether they represent local authorities, the police, youth offending teams, registered social landlords, prosecutors, the judiciary, or any other agency which seeks to tackle the problem of anti-social behaviour.

Making Good

What’s going on already?

Here are just a few examples of recent Community Service projects in other jurisdictions to give you an idea of the type of activities that can be delivered:

• Making benches and placing them in local parks
• Clearing churchyards and public alleyways
• Refurbishing and restoring abandoned push bikes to sell for charity
• Painting fences, graffiti removal, path clearing and general maintenance
• Renovating a community garden at the back of the local fire station
• Building bird boxes and planters for donation to old people’s homes and train stations
• Decorating a community charity shop
• Library filing, shelving and labelling books)
• Litter picking in local parks, gardens and community centres
• Clearing public spaces that encourage anti-social behaviour
• Cooking, cleaning and socialising at day care centre for adults with enduring mental health needs
• Cooking meals at for the homeless
• Making badges for charity
• Litter picking and leaf clearing at children’s playgrounds and communal paths
• Running an allotment growing vegetables for local charities
• Community litter sweeps in partnership with ‘Keep Cork Clean’ and local voluntary groups
• Preparing and delivering soup and sandwiches to street homeless people

CONCLUSION

For many years real people have suffered immeasurably because of anti-social behaviour. The cost to local authorities and other agencies in ‘picking up the pieces’ has not been quantified. The loss of amenity for law abiding hard working men women and their families is more than substantial. We as local authority members have a duty to represent the people in as fair and efficient manner. We are responsible for their environment at a local level. I believe by passing this bye law will give these communities real peace and a living environment they deserve.

For too long we have left it to others to ‘do something’. This Bye Law will give us the opportunity to stand up and be counted.

Cllr Deirdre Forde

087-9161952