Local authorities are responsible under the Housing Acts for the management and maintenance of their housing stock, including addressing any problems arising on their housing estates from serious anti-social behaviour. They have been encouraged by my Department to use the statutory powers available to them, where appropriate.
The primary purpose of the Housing (Miscellaneous Provisions) Act 1997 is to provide for a range of measures to assist local authorities in addressing problems arising on their estates from drug dealing and serious anti-social behaviour. The Act gives recognition to the role of local authorities in actively promoting the interests of tenants and other occupiers of the housing and also in working towards the avoidance, prevention and abatement of anti-social behaviour. It forms part of a wider range of measures undertaken by Government to deal with the issue of drugs and related crime.
The serious problems posed by crime and anti-social behaviour in many local authority housing estates and the negative impact on the morale of tenants and the living conditions of tenants and residents formed a background to the introduction of the Act. One of the main provisions of the 1997 Act enables a local authority tenant, or the local authority in certain circumstances, to apply to the District Court for an excluding order against an individual member of the household who is believed to be engaging in anti-social behaviour. The measures contained in the 1997 Act are essential to ensure that local authorities have the capacity to take effective action in this area.
The recently enacted Residential Tenancies Act 2004 contains a number of provisions to address the issue of anti-social behaviour in private rented accommodation and extends the local authority power to obtain excluding orders in respect of the occupants, other than the owner, of tenant purchased houses. It also extends the local authority power to refuse to sell, under the tenant purchase scheme or the affordable housing scheme, a house to a person suspected of engaging in anti-social behaviour.
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The housing unit, which is funded by my Department and local authorities, has produced a guidance booklet for local authorities entitled, Preventing and Combating Anti-Social Behaviour, and has organised training courses for local authorities in this regard. In this wider context, my Department has put in place a housing management initiatives scheme which includes funding for programmes to improve estate management, tenant liaison and training initiatives.
The measures I have outlined are intended to support local authorities in their efforts to prevent and combat anti-social behaviour in their areas. Wider issues relating to matters of a criminal nature come within the remit of the Garda and my colleague, the Minister for Justice, Equality and Law Reform.