Paul Connaughton Snr (Galway East, Fine Gael)

That is what I am coming to. I was aware of the fines legislation.

Putting people with mental health problems into jail for these offences would be of no benefit. Such people require a kind of help not covered by this Bill, nor could it be included in it in any way.

Something will have to be done by the HSE, the Simon Communities of Ireland and all those who are genuinely doing their level best to help people. I refer to circumstances in the courts where a judge might want to consider all the issues relating to a particular person under sentence. This would be a far more humane way of proceeding than putting the offender in jail.

The principle of this Bill is sound enough. If a garda on the beat has in sight people who are loitering, messing around and generally acting the maggot, he has under the legislation the power to shift them ten metres. Some may say one is only playing with distances and that one may be moved 9 m, 11 m or 12 m. It does not make much difference because the garda has the ability to move people on and get them out of the area in question. One may argue that all one is doing is moving them somewhere else, which is entirely possible, but we must be realistic about the matter.

Consider the circumstances outside places of business. I saw a lot of elderly women leaving a post office recently on a Friday. There was a guy knocking around who was not seen in the area for quite a while. It is not that he was doing anything really wrong but his very presence and intimidating nature certainly upset some of the women. I would like to believe that in such circumstances, a garda could ask the man to move on and get out of the line of fire. I assume this is how the procedure will work. It will be based on legislation and a fair amount of good sense on the part of the enforcers. Failure to comply with a direction to move is liable to arrest and charge, with a maximum fine of €300.

The Bill offers protection to business owners where the behaviour of one or more persons begging near their premises is having a negative effect on trade. If the offenders fail to give their names, they can be fined up to €200.

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