Galway City Council : "judge , jury and executioner".

galway | rights, freedoms and repression | news report

Friday June 17, 2005 23:19

by Tommy Donnellan on behalf of Billy Cameron.

Cllr Billy Cameron's submission on the review of the Anti-Social Behaviour Policy !.

Collectively as Councillors it is agreed that an Anti-Social Policy must be in place, however, its interpretation, implementation, procedural frame work and most importantly, its legality must be analysed. I have previously called it "draconian" in the extreme and in need of alteration. I reiterate this.

Any policy that does not take into consideration the medical condition of people engaging in anti-social behaviour is morally deficient : to deem that such people have made themselves voluntary homeless, would not be be entitled to emergency homeless services and would not be entitled to the Supplementary Welfare Allowance is draconian and immoral. As such, these
immoral clauses that violate basic human rights must be immediately removed from the current policy.

Clause 16, in the Procedural Framework states that : "Where it is not appropriate to terminate the tenancy, e.g. where a son or daughter is involved in anti-social behaviour, the tenant/tenants will be requested to obtain an 'Excluding Order' against that member". I ask, is Galway City Council assuming the role of judge, jury and executioner, is it going to implement this policy based on hearsay and rumour?. I believe this is not within its remit.

I also strongly object to the person who instigates either a Notice to Quit or an Excluding Order being also the Appeal Officer, instead, I suggest the City Manager should be the final arbritator?. At present, a person involved in anti-social behaviour can be excluded from being housed by the Council for a period of at least two years - here we go again, acting as judge , jury and executioner. Lets leave that to the courts to decide. The poor and the less-well-off are being penalized enough at the moment, having to wait 5-8 years for a house.

It would be very wise to tread carefully with the revision of the present policy in light of recent announcements that it is, in fact, a breach of the European Convention of Human Rights Act. This Act , adopted by Ireland in December 2003, provides protection for peoples homes and ensures protection from inhuman and degrading treatment, in effect, it means that Galway City Council has to adopt fair procedures, as such, the Council solicitors must thoroughly vet the envisaged policy.