Tommy Broughan (Dublin North East, Labour)
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Question 554: To ask the Minister for the Environment, Heritage and Local Government if he will introduce changes to the Litter Act 1982 to ensure local authorities are requested to remove all graffiti in their areas; if he has held discussions with the Department of Justice, Equality and Law Reform to extend the pilot funding programme to combat graffiti to all counties and county boroughs; and if he will make a statement on the matter. [7368/07]

Dick Roche (Wicklow, Fianna Fail)
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Under the Litter Pollution Acts 1997 to 2003, primary responsibility for management and enforcement responses to litter problems including defacement by graffiti lies with local authorities. I am satisfied that enforcement powers and penalties under existing legislation are adequate. Sections 19 and 20 of the 1997 Act empower local authorities to take action in relation to incidents of graffiti and, as necessary, to remove or otherwise remedy the defacement. Penalties under the Litter Acts range from an on-the-spot fine of €125, to a fine on summary conviction not exceeding €3,000 and on indictment, a fine not exceeding €130,000.

In addition to the Litter Pollution Acts, the Criminal Damage Act, 1991 provides for the offences of damaging or defacing property. The Garda authorities take the defacing of and damage to property very seriously. When Gardaí detect such offences, culprits are processed through the courts, or via the Juvenile Liaison System, as appropriate.

In 2006 the Department of Justice, Equality and Law Reform, in consultation with my Department and the Department of Community, Rural and Gaeltacht Affairs, initiated a pilot project, the GRO (Graffiti Removal Operation) Initiative, aimed specifically at combating graffiti in Dublin City, Galway City and Bray, Co. Wicklow. This project is separate from, and in addition to, the graffiti abatement programmes carried out on an ongoing basis by local authorities.

The GRO Initiative involves an initial major clean up of the worst affected sites in the pilot areas, followed by a rapid response cleaning maintenance programme aimed at maintaining sites free of graffiti. To date all sites in RAPID areas have been addressed and significant cleaning works have already been completed. Sites, which are affected by graffiti outside RAPID areas, are currently being surveyed with a view to extending the GRO Initiative to these areas.

The pilot project is overseen by a steering group comprising representatives from the three Departments and an independent evaluation of the programme has been commissioned in order to determine its effectiveness. Any extension of the programme to other areas would, in the first instance, be a matter for the Department of Justice Equality and Law Reform.