Kieran O'Donnell (Limerick City, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for the Environment, Community and Local Government for being present to take this debate. We need to develop a national policy on graffiti. Graffiti is an issue in parts of Limerick city in my constituency. Recently, it has been an issue along a stretch of roadway known as the Superquinn road which runs from the Kilmurry roundabout to the Monaleen Road. I am glad that the local authorities in Limerick have agreed to remove the graffiti and that they are considering the installation of CCTV cameras to monitor this issue.

Graffiti represents an invasion of private property. Many of the people affected bought their houses at high prices and walls at the back of their homes are being graffitied, which is upsetting for them. Many of them are either elderly or have young families. The younger people bought their homes at the height of the Celtic tiger boom. The Department oversees many good practices to deal with graffiti on a national level. Local authorities can avail of a €900,000 grant under the anti-litter and anti-graffiti campaign. There is a national litter action plan and a national litter pollution monitoring system. In addition, a new website, www.fixyourarea.ie, has been operational since 1 January this year through which anyone can report a problem in their area, including graffiti, and the local authority will respond within two days.

At the moment the legislation that covers graffiti is 16 years old. I refer to section 19 of the Litter Pollution Act 1997. It makes no mention of graffiti whatsoever. I call for the development of a national policy on graffiti which takes into account updating section 19 of the Litter Pollution Act 1997 to deal with graffiti. The approach should be standard practice across all local authorities.

We could consider the application of a levy to aerosol spray cans. I come from the perspective of damage to private property and public property. We must consider alternative ways of dealing with graffiti that do not involve the invasion of private property or public property without permission and ensure it is done tastefully. I welcome the Minister’s views on the matter and on developing a national policy on graffiti. The current problem of graffiti in Limerick city requires the bringing together of a range of measures that are happening at national level in a structured way. I thank the Minister for his presence and I look forward to hearing his comments.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank Deputy O'Donnell for raising this important issue. I am fully aware of the blight on communities which graffiti causes and I am totally committed to tackling graffiti vandalism. The programme for Government 2011 included a commitment to establish a website to assist residents with the reporting of problems with street lighting, drainage, graffiti, waste collection and road and path maintenance in neighbourhoods, with a guarantee that local officials would respond within two working days. The scheme was piloted by South Dublin County Council. The fixyourstreet.ie website is structured around an interactive map, allowing anyone to locate the precise location of a range of non-emergency local problems they wish to report. An important benefit of the approach is the effective use of modern technology such as social networking, web-based collaboration, mobile telephone applications and geographic information systems, GIS, in an interactive manner with the public. The fixyourstreet.ie website is now accessible in all local authority areas since 1 January 2013.

Under the Litter Pollution Acts 1997 to 2009, the primary responsibility for management and enforcement responses to litter pollution, including the defacement of structures by writing or other marks, lies with local authorities. In my view, that includes graffiti. The role of my Department is to provide the legislative framework within which local authorities can perform this task. It is a matter for each local authority to decide on the most appropriate public awareness and clean-up actions to deal with graffiti, taking account of local circumstances and priorities. Each local authority must determine the level of expenditure on individual local services, but I would hope in the context of the annual estimates process that they would prioritise the elimination of graffiti.

As the Deputy indicated, section 19 of the 1997 Litter Pollution Act makes it an offence to deface property visible from a public place without the written authority of the relevant owner, occupier or person in charge. Again, in my view that includes graffiti. A local authority or its agents may, on such terms and conditions as may be agreed by it with the occupier, enter and take remedial action to remove or otherwise remedy the defacement.

Section 20 is a complementary provision that enables a local authority, in the interests of amenity or the environment, to take remedial action in relation to graffiti, regardless of whether it has been put up with the consent of the owner or occupier. The local authority may serve a notice on the occupier requiring steps to be taken to remove or otherwise remedy the defacement within a specified period of not less than seven days. Failure to comply with a notice is an offence and, in such instance, the local authority may give effect to the notice and recover costs. The local authority may also, by arrangement with the occupier, take steps to remedy the defacement. The local authority or its agents may also, by agreement, enter and remedy the defacement itself.

The penalties attaching to littering and graffiti offences are substantial and include an on-the-spot fine of €150. The Protection of the Environment Act 2003 introduced conviction on indictment for litter and graffiti offences, with a maximum fine of €130,000, and set the maximum fine on summary conviction at €3,000.

In addition to the Litter Pollution Acts, the Criminal Damage Act 1991 provides for the offence of damaging or defacing property. The Garda takes the defacing of, and damage to, property very seriously and, when such offences are detected, perpetrators are processed through the courts or via the juvenile liaison system, as appropriate.

As part of the overall response to dealing with graffiti, my Department operates an anti-litter and anti-graffiti awareness grant scheme, whereby local authorities can apply for funding for projects aimed at raising awareness of litter and graffiti issues in their functional areas. Under the scheme, the maximum grant allowed per project may be up to 70% of the project cost. Local authorities are asked to focus their activities under the scheme on young people and, in particular, on schools and community groups with an emphasis on encouraging long-term behavioural change. Grants can cover a broad range of measures to raise public awareness and to stimulate anti-litter and anti-graffiti activity at local level. I refer to measures such as local clean-ups and primary and secondary school competitions. The provision of anti-litter and anti-graffiti materials, videos, posters, information leaflets, and anti-litter and anti-graffiti exhibitions are eligible for grant aid. As Deputy O'Donnell indicated, a total of €900,000 was allocated to local authorities from the environment fund under the scheme in 2013.

Kieran O'Donnell (Limerick City, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for his response. From what he outlined it appears that a range of measures are being undertaken. I would like the Department to examine specifically the issue of graffiti. Graffiti is applied to people’s property without their knowledge or permission and it is often extremely difficult to remove. We must consider putting in place a measure to prevent the offence occurring or the provision of alternatives allowing people to indulge in graffiti without impacting on private property, which is extremely upsetting and borders on vandalism. We could also consider the provision of a levy on aerosol cans that would deter people from vandalising homes. I feel very strongly about the issue. Following a relatively quick review perhaps areas could be identified that could be added to existing measures to deal with graffiti. It is a problem in my constituency generally but the problem is acute in certain areas. It is extremely upsetting to residents. Having examined the legislative measures to which the Minister referred, I expect that the Department could identify whether there are aspects of the legislation that could be enhanced to deal with this growing phenomenon.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy knows, I am very much aware of the issues arising for communities where graffiti presents a significant challenge. Every community, not just Limerick, is affected by the issue. I note the Deputy’s concern and his suggestion that a levy would be imposed on aerosol paints. I appreciate the helpful nature of his comments. I am prepared to re-examine the legislation to see where graffiti could be specifically targeted. There is always room for improvement and we can certainly review the legislation.

Local authorities have considerable powers at the moment but they might not always have the resources or prioritise resources to tackle the problem of graffiti. Enforcement of the legislation requires resources. We have powers under the Litter Pollution Acts that might not be implemented to the full by local authorities currently and the Deputy might be able to improve the situation through his representations in Limerick. The solution to graffiti lies in a combination of various approaches - personal responsibility, education and anti-graffiti initiatives, which are supported by the Department – but the issue must be prioritised more by some local authorities.