Lawyers are not in favour of tagging children

The Law Society of Scotland will question the Scottish Executive's Anti-Social Behaviour Bill before a committee of MSPs on Tuesday.

The lawyers are opposed to extending electronic tagging and warn dispersal plans may breach human rights laws.

Communities Minister Margaret Curran defended the plans and said ministers were listening to those affected.

The Anti-Social Behaviour Bill contains a wide range of measures, tackling issues such as vandalism, noise and fly-tipping.

However, the moves targeted at young offenders have provoked the most controversy.

We think there is a risk that one particular aspect of the powers goes beyond what is absolutely necessary and may be challengeable under the European Convention on Human Rights Michael Clancy Law Society of Scotland

The proposals include the extension of anti-social behaviour orders and electronic tagging to the under-16s, as well as new police powers to disperse groups of people in trouble spots.

Aspects of the plans have already been questioned by the police, children's charities and Labour's coalition partners, the Liberal Democrats.

The Holyrood justice committee, which is taking evidence on the bill, is set to hear from the Law Society.

Lawyers are "not in favour" of electronically tagging children.

They fear that the step would offer confinement without tackling offending behaviour, a concern which also applies to plans for restriction of liberty orders for under-16s.

The Law Society has also said it is "not convinced" that it is a good idea to shift the emphasis towards punishing parents through parenting orders.

The key people we have to listen to are the communities who are on the receiving end of anti-social behaviour Margaret Curran Justice Minister

The society suggests that "well-resourced children's hearings" might be best placed to deal with delinquency rather than extending anti-social behaviour orders to under-16s.

And on dispersal, it argues that police are already able to deal with "annoying, offensive and obstructive" behaviour.

Michael Clancy of the Law Society said: "The police have a broad range of powers to control anti-social behaviour by groups and individuals.

"We think there is a risk that one particular aspect of the powers goes beyond what is absolutely necessary and may be challengeable under the European Convention on Human Rights."

Ms Curran told BBC Scotland that the executive was confident its plans complied with the law.

The bill was unveiled last year

"We think that the key people we have to listen to are the communities who are on the receiving end of anti-social behaviour," she said.

"I think some of the agencies in Scotland have to do that as well."

She said the executive was planning "a decisive shift" in how the justice system operates north of the border.

"We are very clear that it has to operate in the interests of ordinary people and make sure these are the voices we listen to," added the minister.