Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

Question 258: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if the gardaí should be given the power to seize spray paints from young people found in possession of them as a measure to try to defeat the problem of graffiti; and if he will make a statement on the matter. [5216/07]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I am informed by the Garda authorities that section 2(1) of the Criminal Damage Act 1991 creates a simple offence of damaging property without lawful excuse. Section 4 of the Act creates the offence of having custody or control of anything with intent to cause damage to property. Both of these offences are punishable on summary conviction by a fine not exceeding €1,270 and/or imprisonment for a term not exceeding 12 months. Following conviction on indictment these offences are punishable by a fine not exceeding €12,697 and/or imprisonment not exceeding 10 years.

Section 7 of the Criminal Justice Act 2006 provides that where a Garda, who is in a public place or any other place under a power of entry authorised by law or to which he or she was expressly or implicitly invited or permitted to be, finds or comes into possession of anything he or she has reasonable grounds for believing that it is evidence of, or relating to, the commission of an arrestable offence, he or she may seize and retain it for use as evidence in any criminal proceedings for such period from the date of seizure as is reasonable or, if proceedings are commenced in which it is require for use in evidence, until the conclusion of the proceedings.

This section gives Gardaí a power to seize spray cans from young people found in possession of them as the offences listed, contrary to sections 2 and 4 of the Criminal Damage Act 1991, are arrestable offences.