Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State, Deputy McGinley, whose presence we really appreciate because it has been difficult to get a Minister. I am conscious that there are a number of Ministers away. This motion falls between the Department of Justice and Equality and the Department of the Environment, Community Local Government so we appreciate the Minister of State's presence very much.

My colleagues have focused most on policing, which is the subject of the amendment.

I am prompted to echo the words of my Labour Party colleagues on the need to ensure the continuation of an efficient and effective policing service to all communities, particularly for elderly people living in remote locations, as was mentioned earlier. That includes urban areas, where levels of crime are higher. Senator Gilroy was right to highlight that crime rates have fallen.

I want to focus on two specific issues that are dealt with in the motion but are not directly connected to policing. We have tried to reference a range of different initiatives and institutions that contribute to improving the quality of life in different communities. The first of these is the power of local authorities to intervene where nuisance is alleged to have occurred on private lands. Second, I shall talk about the purple flag initiative.

With regard to the powers of local authorities, my party inserted a particular clause into the motion which was included at the behest of Dublin City Council. I welcome Councillor Mary Freehill, who has been to the fore in raising the issue of private nuisance, to the Visitors' Gallery. The matter has been raised with me and with plenty of colleagues on doorsteps in Dublin. An example is when a neighbour's hedge or tree encroaches significantly on a particular individual to such an extent that it creates a nuisance. At present the local authority has no power to intervene to compel any action to be taken on private lands, such as the cutting back of a Leylandii hedge, or take steps to ensure that light is not affected, even where gross negligence is alleged. By contrast, English legislation gives councils the powers to enter private lands and compel action in extreme cases. The Labour Party motion calls on the Government to consider the implications of giving similar powers of intervention to local authorities here where poor management or gross negligence is alleged to have arisen on private lands. Dublin City Council has done a good deal of work on the issue and I have met the relevant sub-committee. I know the council has already made direct contact with the Department of the Environment, Community and Local Government and the Department of Justice and Equality. It is an issue that falls between the two Departments. Strictly speaking, it is a matter of local authority powers and should come under the remit of the Department of the Environment, Community and Local Government; however, I understand the view has been taken that it could be more properly dealt with by the Department of Justice and Equality.

The motion simply and reasonably calls on the Government to consider the implications of giving such powers to local authorities. We need to be careful when drafting in order to ensure that Article 40 of the Constitution, regarding the inviolability of the dwelling, is not in breached in any way. It will be a difficult task, but the matter is a real issue and causes serious problems for people who feel they have little option or prospect of a remedy. They have the option of taking a private action in tort but they may not wish to do so against their neighbours. The motion refers to behaviour that falls well short of the sort of anti-social behaviour that has already been the subject of legislation. None the less, it is behaviour that can create a real disturbance to people in their everyday lives.

I wish to speak about an issue that is addressed in other paragraphs of the motion. We have called on the Government to support initiatives such as the purple flag initiative adopted in the UK by the Association of Town Centre Management. The website purpleflag.org.uk sets it out. The initiative was undertaken some years ago to encourage urban centres - both town centres and districts in cities - to apply for accreditation or recognition where they have significantly improved safety and public amenities between 5 p.m. and 6 a.m. The organisation is trying to raise the standard and broaden the appeal of town and city centres in order to present them in a positive light and encourage visitors from within the town or city and outside the area. The initiative has led to significant improvements in areas such as Leicester Square in London, which has secured purple flag status, but also on this island, in Belfast and Derry city centres. My party sees the purple flag initiative as providing an incentive to local businesses in particular districts to improve their facilities and work with local authorities and local police to ensure there is better safety at night, better litter collection services and so on. I have had contact with the Dublin City Business Improvement District, which works to improve the city centre area in collaboration with local businesses. It has already taken a number of initiatives to improve amenities in the city. The organisation informed me that it has applied for inclusion in the purple flag initiative, as has Ennis. It is actively engaged with the process and hopes to have a decision soon on its application. The initiative is an exciting prospect. Like the blue flag label for our beaches, the purple flag initiative will encourage and attract visitors to particular districts and provide a significant improvement in quality of life for local residents and visitors alike.

I commend the motion to the House. There are a range of aspects to the motion. It is not just about policing, although that has been the focus of the debate so far. My party hopes that the Government will consider our proposals, give powers to local authorities, as I have outlined, and support initiatives such as the purple flag initiative.