Noel Ahern (Dublin North West, Fianna Fail)
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Question 121: To ask the Minister for the Environment, Heritage and Local Government the position regarding spitting in public on the street; the law regarding same; if it is prohibited under littering legislation or by-laws and if they are enforceable by local authority litter wardens; if the relevant legislation can be quoted; if details of any enforcement action under his Department will be provided to this Deputy; and if he will make a statement on the matter [18533/10]

John Gormley (Dublin South East, Green Party)
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The Litter Pollution Act 1997 defines litter as "a substance or object that, when deposited in a place other than a litter receptacle or other place lawfully designated for the deposit, is or is likely to become unsightly, deleterious, nauseous or unsanitary, whether by itself or with any other such substance or object, and regardless of its size or volume or the extent of the deposit". On this basis, it is considered that the spitting out of a substance, such as chewing gum, on the street, would be an offence under the Litter Pollution Act 1997, which could be the subject of enforcement action by designated litter wardens appointed by local authorities.