Deirdre Clune (Cork South Central, Fine Gael)

I am glad to have the opportunity to speak on this Bill. It is a small Bill but has led to much discussion. I have been following the debate. The purpose of the Bill is to control begging and make a new public order offence of begging, but only when it takes place within a particularly sensitive location or where it is accompanied by particularly intimidating or offensive behaviour. Most people accept that, where begging is accompanied by harassment or intimidation, it is right that it be controlled. If begging is intimidating at ATMs or places of business, gardaí will have the power to move the beggars on.

It is interesting to note that begging in Ireland was outlawed from 1847 to 2007 by the Vagrancy (Ireland) Act 1847. It was introduced at the time of the Famine, at which time many people were begging on the streets. Ten days ago, on a Sunday afternoon, there were a number of Famine commemoration events across the country. I was in the small Famine plot in St. Joseph's graveyard in Cork. The plot is classified as a paupers' grave. There is one cross to mark the plot but it is reckoned there are approximately 8,000 bodies buried there without headstones. A local historian speaking at the event quoted an eyewitness of the Famine who counted 130 beggars one day while walking down Princes Street. Not all of them could have been dealt with by the Vagrancy (Ireland) Act 1847.

There has been much commentary on the Law Reform Commission's recommendation that begging should be punishable by a fine and by imprisonment. The recommendations were mostly ignored, except for some provisions introduced under the Children Act 2001. The case of Dillon v. the DPP, taken in the High Court in 2007, has left us with virtually no control over begging. It found that the Vagrancy (Ireland) Act would be unconstitutional in that it represented a disproportionate interference with the right to freedom of expression. At the time, Mr. Justice de Valera made a statement that it did not rule out future anti-begging legislation. Since 2007, there has been a lack of legislation to control begging.

This Bill states begging will be legal if it is not accompanied by aggravating factors, and that if harassment, obstruction or intimidation occur, a fine of €400 or a prison sentence of up to one month will be imposed. It is acknowledged that if one offers a token service in return for money, one can avoid the provisions of the Bill. This recognises the existence of buskers, hawkers and others. These are part of our culture and if they operate in a non-intimidating way, such that individuals can refuse to make a donation or avail of the service on offer, they are free to do so. Most people accept this. It is part of street culture and street life.

A very useful service was once offered at the Luas stop at Heuston Station. The ticket purchase machine was quite difficult to operate if one was not used to it. Those who were not used to it included people coming from the country by train. A very innovative beggar helped individuals to purchase their tickets on the system and gratefully received any contributions in return, such as change from the machine. The service was very worthwhile and useful.

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