Brendan Griffin (Kerry South, Fine Gael)
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190. To ask the Minister for Environment, Community and Local Government if local authorities are experiencing difficulties in evicting tenants that constantly engage in serious anti-social behaviour; if the existing procedures are efficient and effective enough in her view or if new legislation is required; and if he will make a statement on the matter. [31279/13]

Jan O'Sullivan (Limerick City, Labour)
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The Supreme Court issued a judgment in February 2012 in two cases relating to section 62 of the Housing Act 1966. In one case, the court ruled that there was a dispute as to the facts and made a declaration that section 62(3) of the 1966 Act is incompatible with the State’s obligations under Article 8 of the European Convention on Human Rights. In the other case the court ruled that there was no dispute as to the facts and did not make a declaration of incompatibility. Section 5(2) of the European Convention on Human Rights Act 2003 provides that a declaration of incompatibility in respect of an enactment does not affect its validity, continuing operation or enforcement. My Department, in conjunction with the Office of the Attorney General, has examined the court judgment. In consultation with key local authorities, a course of action is being prepared which will involve changes in the way in which eviction procedures are carried out but which will require changes to legislation.

Proposals for a Housing (Miscellaneous Provisions) Bill currently being developed in my Department include a new procedure that will enable housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements, including engagement in anti-social behaviour. I am also examining the scope for making the excluding order powers of housing authorities more effective in tackling anti-social behaviour without having to evict entire families from their homes.