Publications

NIHRC Submission to Department of Justice and Department for Communities’ Consultation on Proposals to Amend the Legislation to Help Tackle Anti-Social Behaviour

Date produced: March 2024.

Below is a summary of the Commission's recommendations and messages.

You can also download the full document through the links provided.

The NI Human Rights Commission advises and recommends:

2.10 The NIHRC recommends that the Department of Justice and Department for Communities, along with relevant partner agencies, review the current effectiveness of Anti-Social Behaviour Orders and on the potential benefits and detriments which could arise from any proposed amendments. This review should consider the specific effect of these proposed changes to Anti-Social Behaviour Orders on already marginalised groups.

2.29 The NIHRC recommends that the Department of Justice and the Department for Communities conduct a full human rights impact assessment before proceeding any further.

3.9 The NIHRC recommends that the Department of Justice and Department for Communities raises the minimum age for the imposition of an Anti-Social Behaviour Order to at least 14 years of age.

3.10 The NIHRC recommends that Anti-Social Behaviour Orders are only used on children under 18 years of age as a last resort and are not used to police criminal activity. This includes ensuring that decisions are informed and age appropriate.

3.11 The NIHRC recommends that the Department of Justice and Department for Communities continue to develop early intervention programmes as an alternative to the imposition of an Anti-Social Behaviour Order for children under 18 years of age.

4.10 The NIHRC recommends that the Department for Communities identifies how it intends to ensure accessible, alternative accommodation for individuals who will be made homeless, if proposals for absolute grounds of possession are introduced in NI.

4.12 The NIHRC recommends that the Department for Communities, along with relevant partner agencies, considers carefully how it intends to ensure that the introduction of powers of absolute possession will not disproportionately affect groups at particular risk, including children and young people. Any proposed mitigation measures should be drafted in consultation with individuals or groups affected and their representative organisations.

5.7 The NIHRC recommends that the Department of Justice and Department for Communities work with relevant bodies to ensure effective steps are taken to improve the collection and dissemination of disaggregated data on the use of Anti-Social Behaviour Orders. This includes data is collected and disaggregated in a way which reflects society in NI. This also includes ensuring that the data includes the nature, details of behaviour and is disaggregated by location.

6.4 The NIHRC recommends that any agency which is made a relevant authority in relation to Anti-Social Behaviour Orders are made fully aware of their obligations under the ECHR and act in compliance with these obligations.