Dáil Éireann díospóireacht -
Wednesday, 23 Oct 1991

Vol. 411 No. 5

Ceisteanna—Questions. Oral Answers. - Amending Corporation's By-laws

Ruairí Quinn

Ceist:

14 Mr. Quinn asked the Minister for the Environment if his attention has been drawn to the need to update the level of fines set out in the Public Health (Ireland) Act, 1878, in view of the inability of local authorities to effectively enforce local by-laws for public spaces in public charge including public parks; the action if any he proposes to take to amend and/or revise the legislation so as to assist local authorities in carrying out their statutory functions; and if he will make a statement on the matter.

Eric J. Byrne

Ceist:

59 Mr. Byrne asked the Minister for the Environment if, in the light of the decision of Dublin Corporation to revise and up-date their by-laws relating to parks and open spaces in an attempt to bring vandalism, drug-taking, cider parties and unlawful entry and activity at night under control, he will update the fine to £800 as at the moment there is only a derisory £5 fine applicable under the Public Health (Ireland) Act, 1878.

Brendan Howlin

Ceist:

105 Mr. Howlin asked the Minister for the Environment whether it is proposed to amend section 110 of the Public Health (Ireland) Act, 1878, to provide for an increase in the current £5 fine for a public health nuisance under this section; and if he will make a statement on the matter.

Mr. Flynn

I propose to take Questions Nos. 14, 59 and 105 together.

I refer Deputies to section 110 of the Environmental Protection Agency Bill, 1990, which provides for an increase in the penalties set out in the Public Health (Ireland) Act, 1878, in relation to public health nuisances and for breaches of by-laws made by local authorities. The new maximum fine proposed in each case will be £1,000 and the fine in each case of a continuing offence will be £200 a day.

Mr. Howlin

I welcome the fact that action will be taken on this issue. I only hope that the Environmental Protection Agency Bill has a speedier passage in this House than it had in the other House.

In fact, the Minister of State made a commitment that it would be up and running last year. That issue deals with the penalties, but there is also confusion about who can prosecute. Could the Minister clarify that issue? Will the Garda, the wardens or someone else prosecute under the new legislation? Exactly who will be able to prosecute? The new legislation simply changes the penalties, making reference to the old legislation, but the old legislation is unclear in relation to the prosecuting authority.

Mr. Flynn

I take that point on board. I am pleased with the Deputy's indication of his willingness to deal with the Environmental Protection Agency Bill. I would sincerely like the House to deal with the Bill in an expeditious fashion, too. A good start has been made. We would like to get it up and running.

Mr. Gilmore

We shall not delay it as long as you did. You had it for 18 months.

Mr. Flynn

In response to the Deputy's statement, which is strictly away from the matter we are dealing with at the moment, I should say that if he was in the House when the Bill was introduced yesterday——

Mr. Gilmore

I was.

Mr. Flynn

I think you were; you are usually a good attender in such matters. The Deputy would then have realised that the Bill represents major legislation. It took a long time to frame the Bill, there are many issues involved and it will have huge consequences for industry, the environment, agricultural processing and a range of other concerns. I do not think the Deputy would be the person who wished to have such a Bill rushed in any way.

Mr. Byrne

While my question refers to a fine of £800, which is comparable to the fine under the Litter Act, I am even happier that the fine might be increased to £1,000. Does the Minister know that in certain urban parks and public places there is no law and order? For example, the amount of cider drinking and drinking of alcohol generally in our public parks is a disgrace, as is the amount of glue sniffing, particularly at night. People take ghetto-blasters into closed parks, where the gardaí are afraid to go at night and park wardens are afraid to approach gangs. Nobody has the will or interest to pursue those unruly elements, particularly at night, because of the existing miserable fine of £5. Could the Minister guarantee the House that it will be only a short time before local authorities will be able to take on board the £1,000 fine for abusers of the regulations?

Mr. Flynn

The Deputy states the position fairly well. The problem was that there was not much point in changing the corporation's by-laws when they were stuck with the 1878 £5 fine. The Government have gone in the direction the Deputy would wish.

Mr. Howlin

We are now approaching Halloween, which has given rise to considerable concern in relation to some of the public parks in Dublin in particular. Halloween is a traditional night for bonfires. Could the Minister do anything in the short term to ensure that incidents of the type described by Deputy Byrne will not occur on Halloween night?

Mr. Flynn

The Deputy should address that issue by way of a question to another Minister.

An Ceann Comhairle

That disposes of questions for today.