Dáil Éireann Debate, Tuesday - 23 March 2010
658 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the provisions that are available to local authorities to deal with graffiti; and if he will make a statement on the matter. [13027/10]
Amharc ar fhreagraUnder the Litter Pollution Acts local authorities have powers in relation to the defacement of structures by graffiti. It is an offence to deface property visible from a public place. A local authority 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. There is a complementary provision that enables a local authority in the interests of amenity or of the environment to take remedial action in relation to graffiti even if put in place with the consent of the owner/occupier.
A 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 the case of an offence 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 by agreement enter and remedy the defacement themselves.
Penalties under the Litter Acts range from an on-the-spot fine of €125 to a fine on summary conviction not exceeding €3,000 and a fine not exceeding €130,000 on conviction on indictment.
In addition to the Litter Pollution Acts, the Criminal Damage Act, 1991 provides for the offences of damaging or defacing property. The Gardaí take 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.
Since 1997 my Department has provided over €10 million to local authorities for public education and awareness initiatives against litter and graffiti.
