COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE (1)
Monday, December 07, 2009
QUESTION NO. 1
QUESTION: Councillor M. Corr
"To ask the Manager to outline how, going forward, SDCC is going to deal with the rise in Anti-social behaviour, due to the perceived increase in drug-dealing in many Council owned estates in Tallaght - to indicate where this Council's responsibility ends and the Gardai's begins and how the Council Housing staff are finding the Garda response to the many problems that are currently being highlighted?"
REPLY:
South Dublin County Council has a dedicated team of Allocation Support officers. The Anti Social Policy Document, which outlines the Council’s policy in responding to complaints of anti social behaviour by Council tenants, was adopted by Elected Members in 2005. The Council investigates every complaint in a fair, impartial and objective way.
Anti Social Policy document
The aim of the policy document is to create and sustain a safe and peaceful living environment for the tenants of South Dublin County Council by actively tackling anti social behaviour through prevention, enforcement, support and rehabilitation. The categorization of incidents of anti-social behaviour provides a mechanism for prioritizing investigation of anti-social complaints having regard to the gravity and impact of the incident.
A total of 6050 actions were taken by SDCC in relation to the reported 1061 anti-social incidents in 2009 (Jan - Oct) . These actions ranged from house calls by the Council’s Housing Estate Management Team, formal interview of tenants, referral to mediation, issue of formal warnings and ultimately Notice to quit in some instances.
The Legal powers available to South Dublin County Council for dealing with anti social behaviour include:
1. Excluding Order - Housing (Miscellanous Provisions Act 1997), Section 3 subsection 2
“a Housing authority may, in respect of a house provided by the authority under the Housing Acts, 1966 to 1997, apply to the District Court for an excluding order against a respondent whom the authority believes to be engaging in anti social behaviour where the authority
(a) having consulted the tenant and the health board in whose functional area the house is situate, believe that a tenant may be deterred or prevented by violence, threat or fear from pursuing an application for an excluding order, and
(b) consider that, in the interest of good estate management, it is appropriate, in all circumstances, to apply for the excluding order.”
Link to 1997 Housing MiscellanousProvisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
2. Garda Checks - Secton l4 and l5 Housing Miscellaneous Provisions Act l997
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
3. Deferral of Housing application - Part 2, No 14, applications rules and general procedures
Link to Scheme of Letting Priorities -
4. Refusal to dispose of a Council House under Sales Scheme - S 90 Housing Act l966
Link to 1966 Housing act
http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
5.Illegal Occupiers - Section 20 Housing (Miscellaneous) Provisions Act l997,Section 1 a
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
6. Notice to Quit - Section 62 of the Housing Act, 1966, (as amended) and the Housing (Miscellaneous Provisions) Act, 1997.
S62 (1) in case
“(a) there is no tenancy in –
(1) a dwelling provided by a housing authority under this act,
(11) any building or part of a building of which the authority are the owner and which is required by them for the purposes of this act, or
(111) a dwelling of which the National Building Agency Limited is the owner,
Whether by reason of the termination of a tenancy or otherwise, and
(b) there is an occupier of the dwelling or building or any part thereof who neglects or refuses to deliver up possession of the dwelling or part thereof on a demand being made therefore by the authority or Agency, as the case may be, and
(c) there is a statement in the demand of the intention of the authority or Agency to make application under this subsection in the event of the requirements of the demand not being complied with.
The authority or Agency may (without prejudice to any other method of recovering possession) apply to the justice of the District Court having jurisdiction in the district court district in which the dwelling or building is situate for the issue of a warrant under this section.”
Link to 1966 Housing act
http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
From January to October 2009 there was 20 incidents of alleged Drug activities reported to the Anti Social unit. All incidients of which have been fully investigated and the appropriate action taken. South Dublin County Council work in conjunction with the Gardai and a total of 315 consultations with the Gardai have taken place to date in 2009. The role of the Gardai is to protect and serve the Community and to ensure a safe living environment for all concerned.