Dáil Éireann Debate, Tuesday - 13 November 2012
471. Deputy Michael P. Kitt asked the Minister for the Environment, Community and Local Government if local authorities will introduce by-laws to help curb public order offences; if a town council will enact such by-laws; and if he will make a statement on the matter. [50160/12]
View answerPart 19 of the Local Government Act, 2001 deals with bye-laws.
Section 199 (1) of the 2001 Act provides that a local authority may make a bye-law for or in relation to the use, operation, protection, regulation or management of any land, services, or any other matter provided by or under the control or management of the local authority, whether within or without its functional area or in relation to any connected matter.
Section 199( 2)(a) of the Act provides 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. However, section 199(2)(b) of the Act provides that a bye-law may not be made under section 199(2) for a purpose as respects which provision for that particular purpose is made by or under any other enactment or may be made under such enactment.
Section 199(3) of the Act provides that any bye-law may include such provisions as the local authority considers appropriate for its effective application, operation and enforcement and generally to achieve the purposes for which it is made, including the conduct of persons at specified places or in specified circumstances.
Section 199(7) of the Act, however, provides that the appropriate Minister may by regulation prescribe matters or classes of matters in respect of which local authorities are not entitled to make a bye-law. The making of such bye laws is a matter for decision by individual local authorities , including town councils, and is a reserved function of the elected members under Section 199 (5) of the Act.
