Written answers

Wednesday, 29 September 2010

Department of Justice, Equality and Law Reform

Crime Prevention

11:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
Link to this: Individually | In context

Question 1183: To ask the Minister for Justice and Law Reform his plans to introduce measures or legislation, if necessary, to allow An Garda Síochána and local authorities to protect the rights of local residents and address any issues of anti-social or criminal activity emanating from privately rented accommodation especially when the landlord of such a property may be unknown or uncooperative; and if he will make a statement on the matter. [33894/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I am informed by the Garda authorities that all acts of a criminal nature are dealt with appropriately under the relevant legislation.

Strong provisions are in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. A range of provisions including the Intoxicating Liquor Acts 2003 and 2008 and the Criminal Justice (Public Order) Act 2003 provide the Gardaí with powers to address public order problems and anti-social behaviour related to the misuse of alcohol. The Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies. Tenant obligations under the Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour. The Act also imposes an obligation on landlords to enforce the tenant obligations.

There is provision in the Act for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board (PRTB) in accordance with the procedures in the Act. Since December 2004 all privately-rented properties must be registered with the PRTB. It is possible to check if a property is registered by contacting the PRTB.

Where incidents of anti-social behaviour occur on private property the provisions of the Environmental Protection Agency Act 1992 are applicable. The remedies available under the Act are civil in nature. These include those under section 108 which provides for noise as a nuisance and the remedies available to aggrieved parties. The Act provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.

There is a commitment in the Programme for Government to introduce comprehensive legislation to address noise nuisance. The General Scheme of a Noise Nuisance Bill was brought to Government by my colleague the Minister for the Environment, Heritage and Local Government and approved in May 2009. It is intended that the new legislation will take a more integrated approach to noise nuisance and strengthen existing local authority powers, including through the introduction of a system of fixed payment notices in relation to noise nuisance offences. Codes of practice for domestic situations will also be developed.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 1184: To ask the Minister for Justice and Law Reform if he will support a matter (details supplied). [33971/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I am informed by the Garda authorities that the area referred to is within the Clontarf Garda Sub-District. Local Garda management is aware of two incidents of the type referred to by the Deputy at the location referred to in the past six months. The investigations into the incidents are ongoing. No direct link has been established between these incidents and the type of activity referred to by the Deputy.

A community Garda has been designated for the area and has met a number of residents. The community Garda has called to the homes of the victims and offered crime prevention advice and information.

The area is subject to regular patrols by uniform and plain-clothes personnel, including the Community Policing and Mountain Bike Units and the District Detective and Drug Units, supplemented as required by the Crime Task Force and Traffic Corps personnel. Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of Garda policing policy, and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour. This approach will promote an environment conducive to the improvement of the quality of life for residents.

Comments

No comments

Log in or join to post a public comment.