Written answers

Tuesday, 3 October 2017

Department of Housing, Planning, and Local Government

Local Authority Functions

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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630. To ask the Minister for Housing, Planning, and Local Government the authority that polices council by-laws; and if he will make a statement on the matter. [41829/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Under section 199 of the Local Government Act 2001, local authorities have the power to make bye-laws in relation to the use, operation, protection, regulation or management of any land, services or any other matter provided by or under their control.

Bye-laws are enforced by authorised persons. An authorised person means a person authorised in writing by a local authority under section 204 of the Act or a member of An Garda Síochána. An authorised person may request any person who appears to be contravening or to have contravened a provision of a bye-law to refrain from such activity and may remove any person failing to comply with such a request.

There is a broad suite of other Oireachtas enactments that also empower local authorities to make bye-laws in respect of policy areas that fall outside the remit of my own Department e.g. the Road Traffic Acts. Bye-laws made under other enactments would be enforced in accordance with the relevant provisions set out in the enabling legislation.

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