Deirdre Clune (Cork South Central, Fine Gael)

During my previous contribution when the debate on the Bill was adjourned some two or three weeks ago I made the point that we cannot discuss the issue of begging and putting in place controls to tackle this problem without mentioning why people find themselves in the position that they have to beg. I acknowledge there can be many cases of organised begging, which is unacceptable. I hope this legalisation will give the gardaí powers to act in those circumstances. The Garda welcome this Bill because up to now there was a vacuum in terms of legislative provision which had made it difficult for them to tackle the problem of organised begging. We cannot ignore the fact that many people who are homeless find that they are forced to beg for many reasons. The obvious comment about such begging is that people are entitled to contributions from the State, be it jobseeker's allowance, disability benefit or rent allowance, but many people do not have an address whereby they can claim allowances. We are all aware of homeless accommodation units in our constituencies where organisations, in particular, the Simon Community and the Society of St. Vincent de Paul, provide valuable support to those who are homeless. They are active in my constituency and they do excellent work in providing emergency shelter to people who find themselves for whatever reason without an address or a roof over their heads.

The Simon Community provides a particular range of services for those who are experiencing drink or drug-related issues. Its administrators recognise that strict criteria cannot be observed at all times. For safety reasons, most hostels do not allow people to access their services if they have been drinking and they are not allowed to bring alcohol onto the premises. The Simon Community, however, goes a step further. The organisation had a long struggle a number of years ago to establish a wet shelter, which males and females can access if they are under the influence of alcohol or drugs. That must be commended in the context of tackling homelessness because some people on the streets cannot access the services they need to support them, particularly if they have health issues. The services provided by the Simon Community and other organisations are invaluable and they must be supported in order that the homeless can access health professionals or have an opportunity to have a shower and tend to other health needs aside from the drink or drug-related issues they may have. These services are important.

A balance needs to be struck and the message must go out, as previous speakers said, that the legislation will not clamp down on begging completely, regardless of the circumstances or the issues affecting those engaged in it. Section 1 recognises that begging is legal if it is not accompanied by aggravating factors and this is an important statement. If a beggar is found guilty of harassment, obstruction or intimidation, he or she can be fined €400 or imprisoned for up to a month.

The Bill also allows the Garda to intervene in the interest of public order and the safety or other people and property and move a beggar on. This is particularly relevant around ATMs or outside the entrance to business premises. The Garda will have powers to move people on if they are within 10 m of an entrance and they will not have to demonstrate harassment or aggravating factors under those circumstances. I was walking along a high street the other day and there was a shop entrance every 10 m. If gardaí become over zealous, they could clear a street completely of beggars but we are not overrun by beggars. It has always been part of our culture, as beggars looked for support and for alms. People give generously and I hope the Garda's powers in this regard are not used too extensively and the provisions will be implemented in such a way that people can offer a contribution or a service in return for alms. A balance needs to be struck and we should not go over the top.

Tourism and business interests have welcomed the Bill because they are concerned about the intimidation of their customers and the impact begging may have on them where it is a problem. The Dublin tourist authority states tourists are often intimidated by the volume of beggars. I am not aware that there is a huge number of beggars in the greater Dublin area. I have read tourism reports and I have attended many Fáilte Ireland briefings and receptions but I have never heard that begging was an issue and that the number of beggars turns tourists off. Begging and people looking for contributions are part and parcel of city life. This is how society deals with those who are homeless and who are forced to beg. That is how I would judge any society.

Given the current downturn, more people will be forced to beg. I welcome the provision that allows gardaí to deal with organised begging and beggars who harass the public and I hope the Bill will be implemented in a balanced manner in order that busking and other services provided on the street, which are part and parcel of what we are, will not be affected. The legislation has highlighted that some people are forced to beg, as previous speakers said, because of the difficulty they have accessing services and this is positive. I look forward to the Committee and Remaining Stages of the Bill.

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