Mary Upton (Dublin South Central, Labour)
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Question 142: To ask the Minister for the Environment, Heritage and Local Government his views on the issues raised in a letter (details supplied); and if he will make a statement on the matter. [13721/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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Under section 11 of the Housing Act 1988, housing authorities must make a scheme of letting priorities to determine the preference to be afforded to persons in the letting of local authority dwellings. Section 11(2)(c) provides that priority may be afforded under the scheme to emergency cases and such cases could include instances where domestic violence was an issue. The Housing (Miscellaneous Provisions) Bill 2008 provides for the repeal of this section but maintains a similar provision at section 22(7)(b) whereby a dwelling may be allocated, outside of the scheme of letting priorities, to a household where there are exceptional compassionate grounds.

Action to deal with domestic violence is primarily the responsibility of the Minister for Justice, Equality and Law Reform. In particular, the Domestic Violence Act 1996, as amended, provides a legal framework within which the victims of domestic violence can seek a range of remedies in the courts to suit the circumstances of a case. While the wider issue of anti-social behaviour is, likewise, primarily a matter for An Garda Síochána and the Minister for Justice, Equality and Law Reform, there are a number of legislative measures in place to assist local authorities to fulfil their responsibility, as landlords, to manage and maintain their housing stock.

For example, the Housing (Miscellaneous Provisions) Act 1997 provides for a range of measures to assist authorities in addressing problems arising on their estates from drug dealing and serious 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, although it was not the intention that this power would cover cases of domestic violence.

The provisions of the Housing (Miscellaneous Provisions) Bill 2008, currently before the Dail, will improve on this regime, by updating the definition of anti-social behaviour to include damage to property and graffiti and significant impairment of the use or enjoyment of a person's home. In addition, the changes provided for in section 29 and Schedule 3 of the Bill to the terms and conditions of a tenancy agreement to specifically reference anti-social behaviour will also strengthen the provisions in this area.

At a more strategic level, section 35 of the Bill requires housing authorities to adopt anti-social behaviour strategies and this new provision will assist authorities in dealing with this issue by providing a framework for action; co-operation between bodies; procedures for the making of complaints; and initiatives for the prevention and reduction of anti-social behaviour.

Finally, in conjunction with the Attorney General's Office, I am looking at the scope for further changes to existing housing legislation that will enhance the role of housing authorities in addressing anti-social behaviour. I hope to incorporate further measures in this area during the passage of the Housing Bill through the Oireachtas. I am satisfied that housing authorities, in prioritising households and allocating dwellings, have sufficient flexibility, under existing and planned legislative provisions, to take account of the difficult circumstances that can arise in cases of domestic violence.