Written answers

Thursday, 1 December 2005

Department of Environment, Heritage and Local Government

Anti-Social Behaviour

5:00 pm

Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 237: To ask the Minister for the Environment, Heritage and Local Government the steps which are taken to deal with drug dealers who reside in housing estates; if there is a policy of displacement of drug dealers who reside in housing estates; if a policy of displacement will be considered to ensure that drug dealing in housing estates is outlawed; and if he will make a statement on the matter. [37333/05]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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The Housing (Miscellaneous Provisions) Act 1997 provides for a range of measures to assist housing authorities in addressing problems arising on their estates from anti-social behaviour. Under the Act anti-social behaviour is defined to include the manufacture, production, preparation, importation, exportation, sale, supply, or distribution of a controlled drug. The Act enables a housing authority tenant or the housing authority, in certain circumstances, to apply to the District Court for an excluding order against a member of the household who is believed to be engaging in anti-social behaviour.

The Residential Tenancies Act 2004 extends the housing authority power to obtain excluding orders for anti-social behaviour to the occupants, other than the owner, of tenant purchased houses. It also gives the housing 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, shared ownership scheme, affordable housing scheme and affordable houses deriving from Part V of the Planning and Development Act 2000.

In addition, housing authorities normally include provisions against anti-social behaviour in the tenancy agreement between landlord and tenants and may use powers under section 62 of the Housing Act 1966 to seek an eviction of a tenant where the terms of the tenancy agreement have been breached. Good practice guidelines issued by the housing unit in December 2003 contain detailed recommendations to assist housing authorities in implementing strategies for combating anti-social behaviour.

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