John Gormley (Dublin South East, Green Party)

I thank the Ceann Comhairle for giving me the opportunity to raise the issue of graffiti vandalism, a problem which is becoming worse by the day in Dublin city and elsewhere. From previous parliamentary questions I put down on this issue, it appears the Government does not have a coherent strategy to deal with this issue. Local authorities are only now becoming aware that there is a serious problem. However, they simply do not have the resources or legislation to tackle it properly.

Anyone who has visited capital cities throughout Europe knows that graffiti vandalism is a major problem in Paris, Berlin and Rome. These beautiful cities have been defaced by these graffiti vandals. Interestingly, London does not appear to have the same problem, nor does New York, a city I visited last week for the UN conference on AIDS. Surely it would not be too much for this Government to examine how the New York authorities, or the authorities in New South Wales in Australia, dealt with the graffiti problem.

The US is one of the most progressive countries when it comes to anti-graffiti measures. Its innovative approaches include providing incentives for citizens to use protective coatings to minimise the damage caused by graffiti, revoking the driving licences of graffiti offenders, banning the sale of spray paint to minors, banning the possession of spray paint in public places and the rapid removal or painting over of graffiti once it is discovered. Its graffiti solutions programme builds on deterrents and law enforcement and focuses on prevention, harm minimisation and the removal of graffiti.

It appears we have no specific graffiti offence in Irish law, nor has the Minister any intention to introduce specific legislation. We were informed by the Minister for Justice, Equality and Law Reform that the Criminal Damage Act 1991 and the Litter Pollution Act 1997 cover the offence of graffiti. However, it is not at all clear how many people were convicted for graffiti vandalism last year. The Minister for Justice, Equality and Law Reform informed the House that there were 1,702 convictions for damaging or defacing property. How many were for graffiti vandalism? We were also told there was one conviction under the Litter Pollution Act 1997. Again, was this for graffiti vandalism?

The Minister for the Environment, Heritage and Local Government, Deputy Roche, in reply to a parliamentary question stated he considers this legislation adequate. If this is so, why have we seen an upsurge in graffiti throughout Dublin? We cannot afford to underestimate the extent of this problem. This is not a harmless activity. Householders and shopkeepers must remove the graffiti and this costs a considerable amount of money. I know the owner of the pen shop on Dame Street had to remove graffiti from his windows and stonework on at least three occasions. Not only that, but graffiti gives rise to a sense of urban blight and lawlessness.

Although New South Wales had legislation dealing with property offences, it was felt necessary to introduce specific graffiti offences. These include damaging and defacing property by means of spray paint without reasonable excuse, the proof of which lies with the person. It attracts a maximum fine of 2,200 Australian dollars or imprisonment for six months or a period of community service work. It is also an offence for a person to have spray paint in his or her possession, with the intention that it should be used to damage or deface premises or other property.

Graffiti removal costs money. Approximately $17 billion a year is spent in the United States on the removal of graffiti. I suspect if we calculated the costs here, it would be considerable. It is often borne by the individual householder or shopkeeper. It is not good enough for the Government to continue to put its head in the sand on this issue.

I will suggest a number of steps we could use to deal with graffiti vandalism. The Government must introduce specific legislation to deal with the offence of graffiti vandalism. The Garda must have a special unit, as do many police forces in the United States, to deal with graffiti vandalism. New York city has GHOST, the graffiti habitual offenders suppression team, which gathers information using digital cameras. Rewards should also be offered, as in the United States, for tip-offs on "taggers" as they are known there.

Community service orders for individuals caught defacing property with graffiti should include provision that they remove the graffiti themselves in certain areas. Local authorities must be allocated sufficient resources and a system put in place for the quick removal of graffiti on public and private property. There should be a graffiti hotline to report graffiti immediately so it can be dealt with quickly. We need a graffiti strategy which includes the Garda, Dublin City Council, the Chamber of Commerce and residents' associations.

People suggest that certain graffiti amounts to artistic expression. If this is so, we can always make available blank walls in certain parts of the city to those who want to express themselves. However, much of what I witness does not amount to artistic expression. It is, quite simply, vandalism.

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