Big Brother WILL Be Watching You

national | rights, freedoms and repression | feature

Sunday June 05, 2005 15:53

by Rory H via imcer - USI

dep_president at usi dot ie

086 1523542

Information on ASBOs and the Criminal Justice Bill

On Saturday 11th June a Parade will take place in Dublin to protest the imminent introduction of a form of anti-social behavior order to Ireland. Rory Hearne who is involved in the campaign against the introduction of ASBOs here submitted this guide to what is at issue to Indymedia Ireland.

The controversial Anti-Social Behaviour Orders (ASBOs) and other amendments to the Criminal Justice Bill 2004 are due to go to the Cabinet for approval on June 7th and then through the Dail pretty soon afterwards.

The Irish Council for Civil Liberties (ICCL) recently highlighted why we should be concerned: “The ICCL is concerned that in the Criminal Justice Bill 2004, that there is a strong tendency to see solutions to crime in terms of increase of policing powers, creation of new offences…without the necessary evaluation of how powers are used…it is all too easy to advance “quick-fix” populist answers to crime, which lack any evidence base as to their effectiveness and in fact in time will contribute to an unjust system.”

ASBOs if introduced here could see a situation whereby normal activity becomes criminalised. Just look at some examples of ASBOS in Britain: A 13 year old was banned from using the word ‘grass’ , a 16 year old was banned from showing his tattoos, a profoundly deaf girl was served an order for spitting in public, an 87 year old was forbidden from being sarcastic to his neighbours, a football fan was banned from playing ball games in the street, a 17 year old was ordered not to enter or leave his home except by a back alley, a 21 year old was banned from wearing a woolly hat, baseball cap or hooded top, and an 18 year old was ordered not to meet with three or more other youths. He was later arrested for breaching this order because he entered a local youth club. (see www.nyci.ie)

There are several excellent programmes in Ireland which seek to deal with the underlying causes of anti-social behaviour but all are grossly underfunded and unable to achieve their potential. ASBOs, by seeking to punish and control such behaviour, will only increase the alienation of these young people and immerse them further into the criminal justice scene, for behaviour which in itself will not be criminal. It is a superficial response to a serious problem, a response which, although politically popular, is likely to make the problem worse, not better.

The Minister for Justice and the Government should tackle the root causes of Anti-social Behaviour and deal with non-criminal behaviour through non-criminalising methods. They should tackle instead the fact that communities have minimal or no play and recreational facilities for children. Forty six percent of local authorities don’t provide playgrounds. There are twice as many golf courses as playgrounds in Ireland. Ireland has one of the highest rates of child poverty in Ireland. Youth clubs are closing down because of lack of funding.

Other worrying aspects of the Criminal Justice Bill include:

1. Section 6 (1) which empowers members of the gardaí to seize anything he/she has reason to believe relates to the commission of an arrestable offence. This extension in powers, particularly its use “in public places”, could be open to abuse. For example the ICCL received several reports that in and around 1 May 2004, the Gardai were stopping individuals and confiscating items ranging from onions to spray paints for banners, and that persons were stopped and searched, sometimes repeatedly, by members of the Garda. The reports were that Garda officers either refused to name what power they were invoking. Such incidents clearly give rise to powers being used in a manner that amounts to a disproportionate interference in an individual’s liberty and property rights, and also have a direct impact on legitimate forms of freedom of _expression and assembly.

2. Section 8 amends section 4 of the Criminal Justice Act 1984 to provide for increased powers of detention for all arrestable offences from 12 hours to 24 hours.

3. Section 11(1) empowers the gardaí to photograph all persons arrested.

4. Section 29 provides that Gardaí will be entitled to issue an ‘on the spot’ fine for a Section 5 Public Order offence (disorderly conduct in a public place). This section allows Garda to be judge and jury without any safeguards for the accused provided.

These proposals if introduced would undermine the civil liberties of everyone, but particularly youth (and especially working class youth) and those who take part in public protest. It will require intense public mobilisation and protest to force the Minister for Justice to change his mind on this one. Please support this campaign. Send messages with your opposition to the Minister for Justice, the Taoiseach, the Tanaiste and Brian Lenihan Minister for Children.

For further info check out http://www.usi.ie, http://www.nyci.ie, http://www.hotpress.ie

Supported by USI, USS, Hotpress, Labour Youth, Sinn Fein, Socialist Workers Party, Green Party, Connolly Youth and more.

An infringement on civil rights is an attack on all of us. Remember the words of Pastor Martin Niemöller, a survivor of Nazi concentration camp:

First They Came for the Jews
First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.