The personal blog and website of Cllr. Deirdre Forde, Cork County Council
Random header image... Refresh for more!

Category — Media/Press Releases

PROPOSAL TO INTRODUCE BYE LAW TO PROHIBIT ANTI SOCIAL BEHAVIOUR

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

February 8, 2010   No Comments

Meaningful deterrents for Anti Social Behaviour

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.

January 13, 2010   No Comments

Rental Accommodation Scheme

Rental Accommodation Scheme

If you are getting Rent Supplement for more than 18 months and you are in need long-term housing, you may be eligible for the Rental Accommodation Scheme (RAS). The scheme is run by local authorities (all local authorities should have implemented the scheme by the end of 2005). The local authority will make the final decision regarding who is eligible under the scheme.

Under the scheme local authorities draw up contracts with landlords to provide housing for people with a long-term housing need for an agreed term. The local authority pays the rent directly to the landlord (you may continue to contribute to your rents but you pay this contribution to your local authority not to your landlord).

The key elements of the scheme are:  
• Local authorities will pay the full rent to the landlord on behalf of the tenant  
• Landlords must register tenancies with the
Private Residential Tenancies Board (PRTB) and the tenancies are governed by the Residential Tenancies Act 2004 (pdf)
• The property must meet
minimum standards for private rental accommodation.  
• Deposits are not required since the local authority has entered into a contract with the landlord.

The Department of the Environment, Heritage and Local Government has published two explanatory leaflets; a leaflet on the Rental Accommodation Scheme for tenants (pdf) and a leaflet on the Rental Accommodation Scheme for landlords (pdf). A general overview of the Rental Accommodation Scheme (pdf) is also available.

Apply to your local authority.

May 27, 2009   No Comments

Ag Scheme must be more than just FF electioneering

Ag Scheme must be more than just FF electioneering

Strategic focus needed for long-term sustainability of agrifood sector

Election 2007 sheep package still hasn’t materialised……

 Fine Gael Spokesperson on Agriculture, Fisheries and Food, Michael Creed TD today said the lack of strategic focus accompanying the €69m agriculture package announced by Taoiseach Brian Cowen unfortunately smacks of yet another pre-election promise that is unlikely to result in real benefits for farmers.

“Any investment in the agricultural sector must be strategically invested in the sector to benefit farmers as well as individual processors. Worryingly, the package announced by the Taoiseach at the weekend has not been followed up by any explanation as to its purpose or any strategic vision underpinning it. Under these circumstances it is difficult to see it as anything other than a political slush fund designed to massage the  Fianna Fáil vote.

“Unfortunately we’ve witnessed this kind of approach adopted by Fianna Fáil in the past, with a €28 million sheep package announced weeks before the 2007 General Election, which we are still waiting to see delivered. As the latest indications are that sheep numbers are at a 23 year low, any investment package in the sheep meat sector, which part of this funding is, must tackle the alarming fall off in herd numbers, not just the processing sector.

“The dairy investment fund is another example of a fund which, because of the lack of a strategic objective, failed to target the real issues at the heart of a sector in crisis with dairy farmers and processors now in real trouble.

“The Taoiseach has called the Opposition’s political objectivity into question but it is difficult to see this latest move by Fianna Fáil as anything other than a thinly disguised election promise, eleven days before polling day.  Brian Cowen says he is fed up with bad news but what he means is that he doesn’t like hearing the truth about the dismal performance of his Government and its damaging impact on the lives of ordinary people.”

 

May 27, 2009   No Comments

FG’s FairCare plans can change A&E

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.”

May 27, 2009   No Comments

Commission Report is Shocking Litany of Abuse and Suffering

Commission Report is Shocking Litany of Abuse and Suffering

I am pleased to announce a Joint Statement issued by Alan Shatter TD, Fine Gael Spokesperson on Children and Brian Hayes TD, Fine Gael Spokesperson on Education

The report of the Commission to Inquire into Child Abuse published today discloses an appalling litany of sexual abuse, physical brutality and neglect of children perpetrated in institutions throughout the State for decades. It is scandalous that even at this stage in the context of the information disclosed that some religious congregations, such as the Christian Brothers and the Brothers of Charity, whilst acknowledging that some abuse took place in institutions for which they were responsible deny congregational responsibility for such abuse. This is so even where it is clear that known abusers were moved from one institution to another and reports of abuse were covered up.

The abject failure of the State and the Department of Education in particular, to enforce its own rules and regulations with regard to the treatment of children in institutional care and the gross inadequacy of the inspectorate system deprived the victims of abuse of the State protection to which they were entitled. It should not be ignored that the State’s failures with regard to children in institutional care continued up until the mid 1990s during which time children in St Joseph’s School for the Deaf in Cabra continued to be the victims of bullying, abuse and physical punishment.

Despite the apology given in 1999 by Bertie Ahern TD as Taoiseach to the victims of abuse, publication of today’s report should not result in anyone being misled into believing that all is now well with our childcare services. The Fianna Fáil-led Governments in office since 1999 have abysmally failed in their duty to protect children and that failure continues to this day. Today’s report recommends that the 1999 National Guidelines for the Protection and Welfare of Children (Children First) should be uniformly and consistently implemented throughout the State in dealing with allegations of abuse and neglect. Despite their being in place for 10 years there has been an abject failure on the part of the Government to ensure the guidelines are properly applied. It is inexcusable that it is again necessary for such a recommendation to be made.

The report also recommends that “childcare rules and regulations be enforced, breaches reported and sanctions applied” and that “management at all levels should be accountable for the quality of services and care”.
These are areas that have not simply been ignored but deliberately avoided by Government and in particular by the present Minister for Children. Instead of the providers of our childcare services being held accountable for the quality of services provided, the welfare and safety of children is protection of the reputation of those who fail to properly implement our childcare laws and guidelines. As was evident from the treatment last week of the Monageer Report the culture of secrecy and cover up is alive and well.

The failures of the Department for Education highlighted by today’s report are reinforced by the subsequent failure of the Fianna Fáil-led Government to adequately negotiate compensation from the religious orders for their part in the horrors perpetrated on children. Just over half of the €128 million agreed as part of that compensation scheme has been recovered by the State the total of which is estimated to be in the region of €1.1 billion.

Today’s report has been almost a decade in the making but the victims who suffered the barbaric and sadistic abuse described in it have waited a lifetime to see it published. We are now calling on Ministers O’Keefe and Andrews and the Government to schedule a debate on today’s Report at the earliest opportunity to discuss the serious policy implications the Report has for child protection in this country.

May 27, 2009   No Comments

Page 1 LocaL Strength National Recovery Fine Gael’s Local Election Manifesto 2009

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/

May 21, 2009   No Comments

Kenny launches new Fisheries Bill to amend out of step Irish law

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.”

May 11, 2009   No Comments

Doyle calls for fair deal for grocery suppliers and producers

€14 Billion Grocery Trade in Ireland Needs Fair Pricing Code and FG
proposed Irish Office of Fair Trading

Fine Gael Food Spokesperson Deputy Andrew Doyle has slammed the absence of a Grocery Supplies Code of Practice for giant supermarkets in Ireland and said it highlighted the need for an enhanced agency to enforce such a code, like the Irish Office of Fair Trading proposed by Fine Gael.

“The grocery market in Ireland, worth from €8-€14 billion, is dominated by six companies, some of whom have abused their power in the market place to unfairly profit on the backs of Irish suppliers. Stories are legion of suppliers who are afraid to go public because of the repercussions of being de-listed. Some examples are ‘hello money’, reneging on contracts, ‘loss leader fees’ and other unfair trade practices.

“The Irish grocery trade is a like the Wild West at the moment and it is time we got a sheriff.

“We urgently need a code of conduct and an enhanced agency to enforce it. Fine Gael has proposed the merger of the Competition Authority and the National Consumer Agency into a new beefed up ‘Irish Office of Fair Trading’.

“The Irish Office of Fair Trading could:

• Bring in a code of practice for the sector;
• Enforce the code of practice;
• Ensure that large retailers are required to provide data on sales and profits in the Irish market like for every other business so that people can know who is making the real margins in the grocery sector.

“The Grocery Supply Code of Conduct has already been introduced in Britain where there is major concern about the unfair treatment of suppliers and the unfair competition for local groceries. But Irish suppliers are being left to fend for themselves, squeezed between rising business costs and the ever increasing demands of powerful retailers. Government and the Competition Authority need to do their part to support fair trade and open transparent competition so that everyone gets a fair deal and the consumer gets choice and value. If they fail to act we will shortly see thousands of job losses in the Irish food production and processing sectors at a time when the nation can ill afford to lose them.

May 11, 2009   No Comments

Eamon Ryan should be fired if he continues to refuse to slash energy prices

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.”

May 11, 2009   No Comments