A Social Democrats TD has claimed that antisocial behaviour is merely “nuisance or disturbance” and warned against what he called attempts to “criminalise” young people and “limit youth freedoms”.
Aidan Farrelly, who is the party’s youth spokesman, said in a statement that activities such as “hanging around or making noise” came naturally to young people and should not be treated as a threat.
“Anti-social behaviour is defined as nuisance or disturbance, such as hanging around or making noise – things that come naturally to young people, as annoying as it may be,” Farrelly said.
According to the official Citizens Information website, “anti-social behaviour” is defined as activity that causes, or is likely to cause, “harassment,” “significant or persistent alarm”, “distress”, “fear”, “intimidation”, or “significant or persistent impairment of their use or enjoyment of their property” to individuals who do not live with the person committing the act.
“For example, if a neighbour continuously plays loud music which annoys and interferes with your peace and quiet this may amount to anti-social behaviour,” the website reads.
“If large numbers of people continuously gather outside or near your property or your local supermarket and their behaviour is causing you alarm, distress, fear or intimidation then this behaviour may amount to anti-social behaviour.”
Farrelly, who represents the Kildare North constituency, went on to say it was “extremely dangerous” to try and tackle anti-social behaviour as part of a criminal response.
“It is extremely dangerous to suggest that children should be criminalised for these behaviours – limiting youth freedoms and restricting their freedom of movement should not be on this government’s agenda,” he said.
“Let us be categorically clear here – young people, simply by existing, do not pose a threat to anyone.”
He said that “crimes, as laid out by the letter of the law, should be treated with utmost seriousness by the appropriate levers of the justice system,” but that “treating minor disturbances by juveniles in the same way would unnecessarily enter young people into the justice system, which evidence shows is difficult to reverse.”
Farrelly further challenged the Government over its decision not to amend a Dáil motion calling for curfews on children, fines for parents and the confiscation of games consoles and phones to deal with such anti-social behaviour.
“For this government to endorse curfews for young people, fines for parents and the establishment of a ‘mini criminal assets bureau’ to confiscate games consoles and mobile phones from children and young people – as if that will achieve something meaningful – is frankly disgraceful,” he said.
He added that conflating what he described as low-level disturbance with crime was fuelling negative stereotypes.
“I am getting sick and tired of seeing politicians and commentators conflate anti-social behaviour and criminal activity,” he said.
“If we don’t challenge this discourse by way of asking questions about the root cause of such behaviour…we will continue to see children and young people being negatively stereotyped.”
The statement came after an exchange with Finance Minister Paschal Donohoe in the Dáil today, who defended taking harsher action against anti-social behaviour.
“I have to say that in most cases I find the line between antisocial behaviour and criminal activity is very thin,” the Fine Gael Minister said.
“For those who experience antisocial behaviour…it can be very intimidating and difficult.”
However, he added: “But I accept some activity may well be outside the parameters of criminality.”
Donohoe said the Government’s focus remained on youth diversion programmes, school supports and Garda resources for “behaviour that is truly criminal.”