Written answers

Thursday, 11 June 2015

Department of Environment, Community and Local Government

Public Order Offences

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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203. To ask the Minister for Environment, Community and Local Government the powers of local authorities to introduce by-laws to deal with aggressive begging in their areas; and if he will make a statement on the matter. [22745/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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Section 199(2)(a) of the Local Government Act 2001 provides that a local authority may make a bye-law where in its opinion it is desirable in the interests of the common good of the local community that any activity or other matter should be regulated or controlled by bye-law, or that any nuisance should be controlled or suppressed by bye-law. The making of such bye laws is a matter for decision by individual local authorities and is a reserved function of the elected members. 

However, section 199(2)(b) of the Act provides that a bye-law may not be made for a purpose as respects which provision for that particular purpose is made under any other enactment. As regards the matter referred to in the Question, I understand that relevant provisions are contained in the Criminal Justice (Public Order) Act 2011, which is the responsibility of my colleague the Minister for Justice and Equality.

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