Tom Hayes (Tipperary South, Fine Gael)
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Question 123: To ask the Minister for the Environment, Heritage and Local Government the further action he will take to support local authorities in their battle against anti-social behaviour; and if he will make a statement on the matter. [36609/05]

Noel Ahern (Dublin North West, Fianna Fail)
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A number of legislative measures have been put in place to ensure that local authorities have the capacity to fulfil their responsibilities under the Housing Acts for the management and maintenance of their housing stock. These measures are kept under continuous review in my Department.

The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to behaviour which is acceptable and that which is not. The local authority is empowered under section 62 of the Housing Act 1966 to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement.

The primary purpose of the Housing (Miscellaneous Provisions) Act 1997 is to provide for a range of measures to assist local authorities in addressing problems arising on their estates from drug dealing and serious anti-social behaviour. The Act gives recognition to the role of local authorities in actively promoting the interests of tenants and other occupiers of the housing and also in working towards the avoidance, prevention and abatement of anti-social behaviour. One of the main provisions of the 1997 Act enables a local authority tenant, or the local authority itself in certain circumstances, to apply to the District Court for an excluding order against an individual member of the household who is believed to be engaging in anti-social behaviour. The measures contained in the 1997 Act are essential to ensure that local authorities have the capacity to take effective action in this area.

The Residential Tenancies Act 2004 contains a number of provisions to address the issue of anti-social behaviour in private rented accommodation and also extends the local authority power to obtain excluding orders in respect of the occupants, other than the owner, of tenant purchased houses. It also extends the local authority power to refuse to sell a house to a person it has reason to believe may engage in anti-social behaviour under the tenant purchase scheme to the shared ownership scheme, the affordable housing scheme and affordable houses deriving from Part V of the Planning and Development Act 2000.

In addition to the considerable investments made in regeneration projects under my Department's area regeneration programme, my Department also provides further support to local authorities. The housing unit, which is funded by my Department and local authorities, has produced good practice guidelines on preventing and combating anti-social behaviour. The unit has also organised training courses for local authorities in this regard. In this wider context, my Department has put in place a housing management initiatives scheme which includes funding for programmes to improve estate management, tenant liaison and training initiatives.

Further issues, including matters of a criminal nature, come within the remit of the Garda Síochána and my colleague the Minister for Justice, Equality and Law Reform.