Martin Ferris (Kerry North, Sinn Fein)
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Question 25: To ask the Minister for the Environment, Heritage and Local Government his proposals to amend the Housing (Miscellaneous Provisions) Bill 2008 in order to strengthen the powers of local authorities to deal with criminal and anti-social behaviour. [18035/09]

Martin Ferris (Kerry North, Sinn Fein)
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Question 42: To ask the Minister for the Environment, Heritage and Local Government the measures he proposes to take to address the increasing problems being faced by residents of local authority housing schemes in relation to crime and anti-social behaviour as evidenced in an attack (details supplied). [18034/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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I propose to take Questions Nos. 25 and 42 together.

Recent events in the area identified highlight the way in which anti-social behaviour can disrupt the lives of householders and has the potential to destabilise communities. Success in addressing issues of anti-social behaviour is critically dependent on a co-ordinated effort involving all stakeholders, including An Garda Síochána, Government Departments and State agencies, local authorities, Joint Policing Committees, Local Drugs Task Forces and the local communities concerned.

From a housing policy and operational perspective, the Government's housing policy statement, Delivering Homes Sustaining Communities, places actions on renewal and regeneration of social housing estates, and prioritisation of good estate management, at the core of housing services. These objectives are supported by significant Exchequer finance under the Social Housing Investment Programme. While specific action to deal with anti-social behaviour is primarily a matter for An Garda Síochána under legislation within the remit of my colleague, the Minister for Justice, Equality and Law Reform, a number of legislative measures are in place to assist local authorities to fulfil their responsibility, as landlords, to address anti-social behaviour issues in the context of the management and maintenance of their housing stock.

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. In addition, the Residential Tenancies Act 2004 extended to the Shared Ownership Scheme, the 1999 Affordable Housing Scheme and affordable housing delivered under Part V of the Planning and Development Act 2000, the existing local authority power to refuse to sell a house under the Tenant Purchase Scheme to a person it has reason to believe is or has been engaged in anti-social behaviour or that a sale would not be in the interests of good estate management.

A number of new legislative provisions in relation to anti-social behaviour are contained in the Housing (Miscellaneous Provisions) Bill 2008, which completed Dail second stage at the end of April. The Bill updates the definition of anti-social behaviour contained in the 1997 Act, to include damage to property, graffiti and significant impairment of the use or enjoyment of a person's home. In addition, provision is made in the Bill for changes to the terms and conditions of a tenancy agreement to specifically reference anti-social behaviour.

At a more strategic level, housing authorities will be required to adopt anti-social behaviour strategies, providing for co-operation with other relevant bodies, particularly An Garda Síochána and the Health Service Executive; procedures for the making of complaints; and initiatives for the prevention and reduction of anti-social behaviour. Furthermore, the Bill extends the existing anti-social behaviour powers of housing authorities to cover a broader range of accommodation, including accommodation provided through rental or leasing arrangements. In conjunction with the Attorney General's Office, I am examining the scope for additional changes to existing legislation to enhance the role of housing authorities in addressing anti-social behaviour. Any further measures arising from this examination will be incorporated in the Bill at Committee Stage in the Dail.

Dan Neville (Limerick West, Fine Gael)
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Question 27: To ask the Minister for the Environment, Heritage and Local Government if he will introduce new legislation to give local authorities new powers to take action against developers who fail to complete developments and estates; and if he will make a statement on the matter. [18245/09]

John Gormley (Dublin South East, Green Party)
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Planning authorities have a range of powers under the Planning and Development Acts 2000 – 2008 that may be used to ensure the timely completion of housing estates in accordance with relevant planning permissions. A planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of the proposed development and, if necessary, may apply any security given towards the satisfactory completion of the development in question. Authorities have been advised by my Department that, in the case of residential development, planning conditions must require the giving of sufficient security prior to commencement of development.

A planning authority may take enforcement action for non-completion of a housing estate in accordance with the conditions of the relevant planning permission. Furthermore, planning authorities may refuse to grant planning permission, without recourse to the High Court, to any developer who has substantially failed to comply with a previous planning permission. An applicant who wishes to have such a decision overturned will have to apply to the High Court. While I am satisfied that planning authorities have substantial and adequate powers to compel the completion of residential developments in accordance with the relevant planning permissions, I will keep this matter under review.