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Local Authority Functions

Dáil Éireann Debate, Tuesday - 3 October 2017

Tuesday, 3 October 2017

Ceisteanna (630)

Peter Burke

Ceist:

630. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government the authority that polices council by-laws; and if he will make a statement on the matter. [41829/17]

Amharc ar fhreagra

Freagraí scríofa

Under section 199 of the Local Government Act 2001, local authorities have the power to make bye-laws in relation to the use, operation, protection, regulation or management of any land, services or any other matter provided by or under their control.

By-laws are enforced by authorised persons.  An authorised person means a person authorised in writing by a local authority under section 204 of the Act or a member of An Garda Síochána. An authorised person may request any person who appears to be contravening or to have contravened a provision of a bye-law to refrain from such activity and may remove any person failing to comply with such a request.

There is a broad suite of other Oireachtas enactments that also empower local authorities to make by-laws in respect of policy areas that fall outside the remit of my own Department, e.g. the Road Traffic Acts. By-laws made under other enactments would be enforced in accordance with the relevant provisions set out in the enabling legislation.

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