Written answers

Tuesday, 8 February 2022

Department of Housing, Planning, and Local Government

Antisocial Behaviour

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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321. To ask the Minister for Housing, Planning, and Local Government if he will review the antisocial provisions of the Housing (Miscellaneous Provisions) Act 2014 with a view to ensuring that local authorities have sufficient powers to deal with cases of extreme antisocial behaviour. [6335/22]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Anti-social behaviour of a criminal nature is a matter for An Garda Síochána. The Criminal Justice Act 2006, which is the responsibility of my colleague the Minister for Justice, provides for civil proceedings to be taken against adults or children for anti-social behaviour. The range of powers includes juvenile and adult cautions, fixed charge penalty notices and the bringing of prosecutions.

The Housing (Miscellaneous Provisions) Act 1997 (as amended) provides for a comprehensive definition of anti-social behaviour, covering a range of behaviours considered serious anti-social behaviour. The Housing (Miscellaneous Provisions) Act 2009 provides for tenancy agreements between the local authority and their tenants, which include conditions prohibiting such behaviours.

Local authorities are responsible under the Housing Acts for managing and maintaining their housing stock and managing their estates, including taking appropriate measures to counter anti-social behaviour. The local authorities powers in this area were significantly enhanced by Part 2 of the Housing (Miscellaneous Provisions) Act 2014, which provides for the issuing of a tenancy warning requiring that tenants cease any anti-social activity. This legislation also empowers local authorities to recover possession of their dwellings from households or individuals in serious breach of their tenancy agreements, including engaging in anti-social behaviour. Local authorities may also secure court orders under the 1997 Act excluding individuals engaged in anti-social behaviour from local authority owned houses and local authority estates.

I have no plans to review housing legislation in relation to anti-social behaviour at this time.

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