I thank Deputy O'Donnell for raising this important issue. I am fully aware of the blight on communities which graffiti causes and I am totally committed to tackling graffiti vandalism. The programme for Government 2011 included a commitment to establish a website to assist residents with the reporting of problems with street lighting, drainage, graffiti, waste collection and road and path maintenance in neighbourhoods, with a guarantee that local officials would respond within two working days. The scheme was piloted by South Dublin County Council. The fixyourstreet.ie website is structured around an interactive map, allowing anyone to locate the precise location of a range of non-emergency local problems they wish to report. An important benefit of the approach is the effective use of modern technology such as social networking, web-based collaboration, mobile telephone applications and geographic information systems, GIS, in an interactive manner with the public. The fixyourstreet.ie website is now accessible in all local authority areas since 1 January 2013.
Under the Litter Pollution Acts 1997 to 2009, the primary responsibility for management and enforcement responses to litter pollution, including the defacement of structures by writing or other marks, lies with local authorities. In my view, that includes graffiti. The role of my Department is to provide the legislative framework within which local authorities can perform this task. It is a matter for each local authority to decide on the most appropriate public awareness and clean-up actions to deal with graffiti, taking account of local circumstances and priorities. Each local authority must determine the level of expenditure on individual local services, but I would hope in the context of the annual estimates process that they would prioritise the elimination of graffiti.
As the Deputy indicated, section 19 of the 1997 Litter Pollution Act makes it an offence to deface property visible from a public place without the written authority of the relevant owner, occupier or person in charge. Again, in my view that includes graffiti. A local authority or its agents may, on such terms and conditions as may be agreed by it with the occupier, enter and take remedial action to remove or otherwise remedy the defacement.
Section 20 is a complementary provision that enables a local authority, in the interests of amenity or the environment, to take remedial action in relation to graffiti, regardless of whether it has been put up with the consent of the owner or occupier. The local authority may serve a notice on the occupier requiring steps to be taken to remove or otherwise remedy the defacement within a specified period of not less than seven days. Failure to comply with a notice is an offence and, in such instance, the local authority may give effect to the notice and recover costs. The local authority may also, by arrangement with the occupier, take steps to remedy the defacement. The local authority or its agents may also, by agreement, enter and remedy the defacement itself.
The penalties attaching to littering and graffiti offences are substantial and include an on-the-spot fine of €150. The Protection of the Environment Act 2003 introduced conviction on indictment for litter and graffiti offences, with a maximum fine of €130,000, and set the maximum fine on summary conviction at €3,000.
In addition to the Litter Pollution Acts, the Criminal Damage Act 1991 provides for the offence of damaging or defacing property. The Garda takes the defacing of, and damage to, property very seriously and, when such offences are detected, perpetrators are processed through the courts or via the juvenile liaison system, as appropriate.
As part of the overall response to dealing with graffiti, my Department operates an anti-litter and anti-graffiti awareness grant scheme, whereby local authorities can apply for funding for projects aimed at raising awareness of litter and graffiti issues in their functional areas. Under the scheme, the maximum grant allowed per project may be up to 70% of the project cost. Local authorities are asked to focus their activities under the scheme on young people and, in particular, on schools and community groups with an emphasis on encouraging long-term behavioural change. Grants can cover a broad range of measures to raise public awareness and to stimulate anti-litter and anti-graffiti activity at local level. I refer to measures such as local clean-ups and primary and secondary school competitions. The provision of anti-litter and anti-graffiti materials, videos, posters, information leaflets, and anti-litter and anti-graffiti exhibitions are eligible for grant aid. As Deputy O’Donnell indicated, a total of €900,000 was allocated to local authorities from the environment fund under the scheme in 2013.
