Vol. 481 No. 7
70 Mr. Callely asked the Minister for Justice, Equality and Law Reform his views on whether the charges and penalties imposed on people found guilty of graffiti offences have failed; if he will introduce a new mechanism to address the problem of graffiti; and if he will make a statement on the matter. [16948/97]
233 Mr. Callely asked the Minister for Justice, Equality and Law Reform his views on the escalation of graffiti offences in the Dublin area; his views on the issues which need to be addressed to help solve the problem; and if he will make a statement on the matter. [16961/97]
234 Mr. Callely asked the Minister for Justice, Equality and Law Reform the penalties, if any, which can be imposed on people found guilty of graffiti offences; the number of people charged with graffiti offences and related offences over the past 12 months; and if he will make a statement on the matter. [16962/97]
I propose to take Questions Nos. 70, 233 and 234 together.
The Minister has been informed by the Garda authorities that the information sought by the Deputy with regard to the number of people charged with offences relating to graffiti is not readily available and could only be obtained by the expenditure of a disproportionate amount of Garda time and resources.
The term, graffiti, is not used in any relevant legislation but such activity would come within the provisions of the Criminal Damage Act, 1991 and the Dublin Police Act, 1842. Under the Criminal Damage Act, it is an offence, inter alia, for a person to damage, without lawful excuse, any property belonging to another. A person guilty of such an offence is liable, on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment to a fine not exceeding £10,000 or imprisonment for a term not exceeding ten years or both. The penalty to be applied in any case is a matter for the presiding judge. The Minister has no reason to suppose the law, or the penalties available under it, are inadequate to deal effectively with this offence.
