Róisín Shortall (Dublin North West, Labour)
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Question 119: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of detections, prosecutions taken and convictions secured for graffiti in each of the past three years for which figures are available; the preliminary figures for 2006, with a breakdown for each Garda division of the Dublin metropolitan area; the number of these that were taken under the Criminal Damage Act, 1991 and the number taken under the Litter Pollution Act, 1997 for each division; the Garda activity in detecting and preventing graffiti; and if he will make a statement on the matter. [7054/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the Criminal Damage Act, 1991 and the Litter Pollution Act, 1997 provide for the offences of damaging or defacing property.

The Criminal Damage Act 1991 does not provide a specific offence of defacing property with graffiti. Statistics are therefore not available to identify the number of persons prosecuted for offences involving graffiti.

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 required for use in evidence, until the conclusion of the proceedings.

I can assure the Deputy that the Garda authorities take the defacing of and damage to property very seriously. The Gardaí have Operations Encounter and Assist in place focussing on tackling anti-social behaviour including offences of criminal damage, such as defacing property. When Gardaí detect such offences culprits are processed through the courts, or via the Juvenile Liaison System, as appropriate.

I am further informed by the Garda authorities that one of the topics of the Garda Schools Programme (Primary) covers the area of vandalism. Pupils are made aware of what vandalism entails and the financial cost of it to the individual and the community.

The Garda Schools Programme (Secondary) addresses the area of personal safety which includes discussion on vandalism and other forms of anti-social behaviour, its costs and consequences.

Following the submission to me in 2004 of a report and recommendations by an expert group on crime statistics, I decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act, 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, I am pleased to note that the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics for the third and fourth quarters of 2006. In addition, it has compiled and published a series of quarterly and annual statistics for the period starting with the first quarter of 2003. I understand that the CSO are examining how the crime statistics published might be expanded and made more comprehensive.

I have requested the CSO to provide the information sought by the Deputy directly to her.