Category — Community & Amenity

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

Anti social behavior causes untold misery to many people across the County and perhaps the Country. There needs to be a meaningful penalty which will act as a real deterrent to individuals. To date the problem is increasing and we have no real data as to the costs involved in terms of trying to catch the individuals, processing the law and repairing the damage. In addition, ordinary people who want to live a peaceful life, pay their taxes, enjoy their environment and participate in community activities have to pay the price twice through anxiety and mounting taxes.

Prior to the last local elections many representations were made to me chiefly about such behavior. The local authority have a role in processing fines for the Bye law for the Prohibition of Drinking in Public places, the Gardai issue the fine and the Council send it to the individual some are paid and if not then its up to the Gardai to take it to the courts. This is ineffectual, the fine is derisory, the Gardai and Local Authority’s time is wasted and no real benefit ensues.

I proposed that Cork County Council expand the current Bye Law to take in all anti-social behavior and instead of a small fine have community service to repair damage to property or help the community in a specific way. I also intend (not least because I received a phenomenal reaction across the country) to put a motion before the Fine Gael Ard Fheis on March 19th to urge the Party to follow on from the Local Election Manifesto to tackle the issue at national level. Cork County Council’s Joint Policing Committee is to discuss such a proposal which hopefully will receive widespread support.

The benefits would be two fold the community would have additional help when the work is carried out under supervision, the tax payer cost would be reduced and the embarrassment would be a real deterrent to the offender. Obviously, I am speaking about persistent offenders here not a once off situation. In addition, it would prevent the growing sense of powerlessness in the face of increasing antisocial behavior. Our Gardai can only do so much and the courts may be reluctant to impose custodial sentences for relatively minor offences, especially as our prisons are so overcrowded.

I can be contacted on 087-916 1952 or at info@deirdrefore.ie for more information or if any article is of interest to you.

Thank you, Deirdre.

FG’s FairCare plans can change A&E as new HSE report shows trolley pain persists – Reilly

I am pleased to announce Fine Gael Health Spokesperson, Dr James Reilly TD,  reacted to the latest HSE performance report saying that the Fine Gael party’s FairCare policy would make a real difference to A&E by radically reducing  trolley waits.

“You can’t keep following the same old policies and expect things to change.  The latest HSE report has a sadly familiar ring to it.  I have been persistently highlighting the problem with delayed discharges and so-called bed blockers for months and today’s numbers just confirm what I have been saying.  The need for more long stay beds, rehabilitation and convalescence support is obvious.  The really frustrating thing is that there are beds which could be contracted immediately if the will was there.This could dramatically improve the situation overnight.

“Long term, Fine Gael’s FairCare plan is the way forward.  By investing in primary care, slashing waiting lists using a special Service Delivery Unit, ending long trolley waits and reforming the way hospitals are paid so that the money follows the patient, we can radically transform our health service.  Once this important groundwork has been done we’ll bring in Universal Health Insurance with free GP care for all.  I believe FairCare is the right vision for our health service and I am determined to put it into action.”

Fine Gael’s Local Election Manifesto
2009
Local Strength, National Recovery

Message from Enda Kenny TD

1.
Creating Jobs – Getting Ireland Back to Work
2.
Protecting Small and Medium Businesses
3.
Reforming Local Government – Business & Employment
4.
Fixing the Banks
5.
Better Planning
6.
Climate Change
7.
Reducing Waste – Improving Water
8.
Creating a Fair Care Health System
9.
Tackling Anti-Social Behaviour
10.
Supporting Communities
11.
Improving our Universities
12.
Improving our Schools
13.
Transport
14.
Developing Agriculture

Guaranteed Change
Fine Gael believes that Ireland can return to growth and prosperity if we have the courage and vision to change the way we run our economy and govern our country.
Ireland is facing its worst economic crisis since the foundation of the State. By Christmas, at least 500,000 people will be out of work.
Across the country, anxious families are looking to Government for answers, for a sense that it has a plan to get things moving again. So far, the Fianna Fáil Government’s only answer has been to make ordinary people pay the price for its many failures.
Above all Ireland needs a Government that is not afraid of new ideas, and is willing to embrace radical change. Fine Gael can and does embrace change. We are not offering instant, easy solutions to Ireland’s many problems. But we do have a bold, ambitious plan, which will also strengthen local democracy, to get Ireland growing again.
Fine Gael’s plan for Ireland is built around three elements:
1.
A New Approach to Government
2.
A Greener, Smarter Economy, and
3.
A Fairer Ireland

A New Approach to Government
Over the last ten years, the Government has thrown money at every problem in the public sector, without making any real change to the way the system works. Billions are wasted, even as services for the most vulnerable are cut, and taxpayers are hammered by additional charges and levies.
The rest of this report can be viewed at http://www.finegael.org/policy/a/18/article/

The Fine Gael Leader, Enda Kenny TD, launched the party’s new Fisheries Bill which is designed to introduce an Irish system of administrative sanctions so that fishermen do not face exclusively criminal sanctions for sea fisheries offences.

Speaking from the launch of the Bill in Castletownbere in West Cork, Deputy Kenny said:

“Current legislation governing fisheries offences in Ireland imposes extremely serious penalties even for minor breaches. Fine Gael recognises that serious quota breaches and environmental offences should attract the full rigour of fisheries enforcement. However, Ireland is out of step with all the other maritime jurisdictions in Europe because we rely exclusively on criminal sanctions for sea fisheries offences. Fine Gael’s Bill, which has been drafted by Cork South West Deputy Jim O’Keeffe, will correct this anomaly and redress the imbalance in the way we deal with breaches of seafisheries law.”

The author of the Bill, Deputy Jim O’Keeffe said:

“I believe this Bill deals with a significant flaw in the Irish approach.Serious breaches will continue to be dealt with by serious penalties. However, it will provide a mechanism for keeping minor or technical infractions out of the courts. For constitutional reasons Ireland cannot adopt the continental system of administrative sanctions directly so my Bill creates a process to establish a fixed penalty approach for certain offences. This has a number of advantages including the promotion of a greater culture of compliance, reduced administrative costs as offences are dealt with by administrative measures rather than through the courts and the faster conclusion of cases.”

Fine Gael Agriculture, Fisheries and Food Spokesperson, Deputy Michael Creed, welcome the Bill saying:

“The Government should support the Fine Gael Bill which is a sensible way of putting in place an effective system of sanctions for fisheries offences.
Fishermen have been distressed at the imposition of criminal for even minor breaches of technical regulations.
The Fine Gael Bill will mean a criminal record and the associated stigma can be avoided by accepting a fixed penalty notice in place of court proceedings. I believe there should be no objection to our Bill which only places Ireland on a level playing pitch with the rest of Europe by no longer retaining an exclusive reliance on criminal sanctions for fisheries offences.”

The country simply can’t afford a high energy price agenda as part of a ‘green strategy’

Energy Minister, Eamon Ryan TD, should be removed from office by the Taoiseach if he continues to refuse to deal with energy prices, Fine Gael Energy Spokesman, Simon Coveney TD said.

Deputy Coveney was reacting to Minister Ryan’s proposals for a national plan to reduce energy usage.

“Reducing energy use is of course important but the highest priority for our Energy Minister at this time must be energy prices.

“The Minister won’t even acknowledge that there is a problem with high prices. Ireland is the most expensive EU country for electricity and in the top three for gas. It is not acceptable that our Minister for Energy is solely focusing on energy use and energy conservation, when there is a massive job to be done by him to reduce energy prices as well.

“The great weakness of this Minister is that his motivation is entirely coloured by climate change considerations when what is needed is a balance between competitiveness, affordability and environmental consideration. There are ways that Eamon Ryan can directly ensure that the cost of electricity and gas are reduced significantly in the short term yet he consistently refuses to even engage in the debate on prices.

“Companies are leaving Ireland and are directly citing energy costs as the reason for doing so. In his two years in office, I have never once heard Eamon Ryan say that energy costs are too expensive here. If he is incapable of concentrating on energy prices as part of a ‘green agenda’ at the same time as energy conservation, he should be removed from office by the Taoiseach. The country, our people and the economy can’t afford to have him there. It is as simple as that.

‘Significant energy price reductions should be a good news story for Ireland as international prices have fallen. The recent small electricity and gas price reductions are totally insufficient in response to changing international energy markets. I support the Minister’s efforts on energy conservation and reduced energy usage but his refusal to deal with energy prices is directly costing jobs and is imposing needless financial hardship on every household in the country. This must change or the Taoiseach should intervene and put a new Energy Minister in place.”

The mire in which successive Fianna Fáil Government’s policies, particularly in relying on property, have left us can begin to be remedied by putting in place an €11 billion investment programme that will deliver 100,000 jobs over four years, Fine Gael Environment Spokesman, Phil Hogan TD said.

The Fine Gael Environment Spokesman made his comments in Killarney while addressing the AGM of the Institute of Professional Auctioneers and Valuers.

“What happened in the last five years to the property market will, I believe, in time come to be seen of a textbook case of how not to manage an economy. However, the causes go far deeper with the failure of banking systems and the absolute disaster of overall Government policies leaving Ireland at our most perilous state since the 1930’s.

“The banking industry needs to be restructured with the issue of toxic assets reviewed. However, NAMA is not the way forward. I believe that the current NAMA model will lead to a bonanza for accountants and lawyers, maybe even for some auctioneers as they battle to maximise for their clients the value of assets being bought by NAMA. Fine Gael would rather see a system where the good performing loans are taken out into new banks and the existing banks have the responsibility of cleaning up their own mess.

“The fundamental requirement for the economy is to free up bank balance sheets to get lending flowing again. The Fine Gael plan will do that and will get credit flowing again.

“However, this is nowhere near enough to turn around our economy. We need to regain that spirit of innovation, build competitiveness and renew our infrastructure. And we need a jobs package. Fine Gael has spelled out how to do this in our Rebuilding Ireland document.

“In it we outline an investment of €11 billion over the next four years. And as a by-product of this investment there will be 100,000 jobs created in the short-term across the country. The funding of this investment would be done on a commercial basis so there would be no increase in the National Debt. We estimate that €11bn could be invested from a combination of the National Pension Fund, the European Central bank and a Consumer Bond. It beats an investment in bank shares.

“This upgrade of our infrastructure would increase our competitiveness, reduce our dependence on energy imports and create a cleaner environment. We will establish a new State holding Company – NewERA. The ownership of a wide range of existing and new State companies involved in energy, transport and communications will be vested in NewERA. Among the existing state companies that will be moved under NewERA will be the ESB, Eirgrid, An Post, Bord Gais, Bord na Mona, Coillte and the Metropolitan Area Networks (MANS). Some of these may be sold off as they become less essential to our economic well being nationally. So these could be sold off to fund further investment and development.

“In case you are bothered about bureaucracy, NewERA will be a holding Company and will employ less than 100 people. 100,000 new jobs will turn the tide of despair and hopelessness. €11 billion will create real investment and competitiveness.

“It is in everyone’s interest to get the property market moving again. At its peak, the investment market was worth €3 billion this year we will be lucky to reach €300 million. Through reform, dealing with the problem of oversupply and funding from banks we believe this can begin to happen. At the very least a VAT cut on the 13% rate needs to be implemented as this would, on average, reduce the prices of new houses by 10%.”

 FG Local Govt Plan will drive job creation and abolish quangos

Abolish/merge 95 quangos + freeze rates for 5 years

Fine  Gael Environment Spokesman Phil Hogan TD has  set out his  Party’s  plans  to  reform  Local  Government:  ‘Power to the People –
Bringing Local Government Back to the People’. This latest Fine Gael policy is another ambitious plan to completely shake up Government structures, and follows  similar  proposals  for  the  Oireachtas, healthcare and education reform.

The  Fine  Gael plan will see Local Government become the primary driver of business  support  and development at local level. It will involve 95 State bodies  being  merged  or abolished, saving millions of euros for taxpayers every year, and freezing local business rates for the next five years.

“Local  Government  must  play  an integral role in dragging Ireland out of recession  and  in  driving  job  creation. However, Local Government is in limbo,  if  not  in  crisis.  Local  Government has lacked a strong primary mission  for  decades  with  power and services being devolved to unelected ‘quangos’. Fine Gael will change all that. Our plan, ‘Power to the People’, will see:

Local  Government  become  the primary driver of business support and development  at  local level. This will involve ending the wide-scale  duplication  of  services  among  unelected  bodies and bringing them  under  one  roof in Local Authorities to create a one-stop-shop. Fine  Gael-controlled  Councils  will  freeze  local business rates for the next 5 years;  Ninety-five   quangos   merged   or  abolished:  53  bodies  will  be  amalgamated  into  Local Government with the complete abolition of 42  more. This will result in an administrative saving to the taxpayer of over €70 million a year;  In  planning,  separate  transport  and  education  plans  need to be  included  in  the planning process and in County and City Development Plans;  Fine  Gael will support a directly-elected Lord Mayor for Dublin City   for   a  term  of  five  years  from  2014  provided  that  relevant, significant powers for the Mayor have been decided;   Simple  reforms  in  the  structure  of  Local  Government to improve   services  to both the public and elected representatives, including a  special  customer service unit which will be uniform across all local  authorities based on best practice.

“We want to see savings and efficiencies rather than new taxes and charges . We  need  to  restore  trust,  services  and  responsibility  back to Local Government.  Putting  Local  Government  back  into  a  central role in the community  will  result in greater community cohesion, better services, and more  employment opportunities, all the while saving millions of taxpayers’ hard-earned millons.