Seán Crowe (Dublin South West, Sinn Fein) | Oireachtas source

The Minister of State has said he is not for turning on this issue. If there is a problem there, he is telling us, there is already legislation in place that covers it. Our information is the opposite to that. The Minister of State said that gardaí have told him they do not recommend the approach we are proposing. Will he indicate the ranks of those gardaí? There is clearly a disconnect between the gardaí , of superintendent rank, who have given us information about what is happening in these areas and their colleagues who are informing the Minister of State and his officials.

Does the Minister of State accept there is a problem? Anybody who goes into these areas would agree there is. I am sure there is legislation in place that might possibly be applicable to this problem, but it is not sufficient to address it. Other speakers referred to the noise nuisance element. It is unfortunately the case that in many of the areas I represent, the vroom of revving engines is a constant presence in parks and other green spaces. Sometimes it starts as early as 7 a.m. and, as Deputy Ó Snodaigh mentioned, it might go on through the night. Are the departmental officials suggesting that those responsible should be pursued under the noise legislation?

Reference was made to the cost borne by local football teams as a result of the damage done to pitches. We all commend the many volunteers who work hard to maintain these facilities and ensure they are safe for players. Go to any match, whether soccer, GAA or rugby, and one will see the volunteers walking around the pitch to ensure there are no broken bottles, syringes or anything else that could potentially be harmful. Has the Minister of State attended a football match where a vehicle crosses the pitch during play? Perhaps this type of thing is unknown to others in this House, but I have been at football matches where a horse crossed a pitch. I have seen quads and motorcycles bring driven across the field. What does one do in a situation where these vehicles are causing damage to public spaces day after day and night after night? Mostly people pick up the telephone and call the local Garda station; certainly, that is what we would advise them to do. I am going around knocking on doors at the moment and people are telling me there is a problem in regard to green spaces. Johnny So-and-So has a moped or motorcycle, they tell me, and is going up and down the green space day and night.

What does the Minister of State suggest I do? I tell them to telephone the Garda and they do. However, when the Garda come down they say that, because of the way the legislation is framed they cannot seize the vehicle. Therefore, what does one do? Does one wait for them to come off the green space and arrest them on the road? We have a situation where we will get a Garda vehicle, possibly more than one, to catch the individual, particularly if he is on a motorbike, so the gardaí will sit around the park all day in the hope of catching the individual leaving the park. They may be able to do it under the Criminal Damages Act or perhaps under the Wildlife Act on the basis that they are interfering with wildlife and the noise may be affecting the breeding season of the local ducks. Is that what the Minister of State is suggesting?

Like others, I have sat on local policing forums where we have discussed the problem of motorbikes and quads. At my own local forum in Tallaght, we discussed the problem in terms of motorbikes. At the time I was told by the local superintendent that the Garda would upskill and train a unit to go into the parks and arrest the individuals on these bikes. As many parks do not have fencing, they can come in at different angles and get away just as easily. When my local GAA club telephones and asks if I can do anything about the mopeds, quads and whatever else is driving across the pitch and destroying it, I say that legislation is already in place and the Garda can respond. Yet, when one telephones the Garda station, the Garda says it cannot do it because it does not have the powers to seize the vehicles. Do we have to wait for them to come back on the roads, if that is the solution?

I believe that parks should be inclusive spaces for everyone. I do not think anybody in the House would disagree with that. A young mother or a young father with a child in a pram, will certainly not go into a park where there are motorbikes, quads and other vehicles driving up and down. That means those families cannot enjoy the playgrounds or the services in that park. Again, what are we to say to those families? Do we tell them it is an exclusive space for these individuals. Deputy Róisín Shortall said that the noise of the vehicles driving up and down is intimidating. If this happens on the green space where one lives and one telephones the Garda and there is no response, what is one to do? The Minister of State is saying there are responses and solutions here. We are supposed to be legislators to come up with solutions.

Deputy Dessie Ellis has drafted legislation having seen a gap, a problem and the impact it has on the community he represents. Many of us who are active in our own communities could say that the problem is not just in Finglas and Crumlin, it all over this city and other cities and towns and villages. The problem may not be as bad in other areas but it is bad and it is really bad in some areas, so the attempt in the Bill is to come up with a solution. However, we are told there is no need, that the legislation is in place. I am aware of the positive work of the youth diversion projects in many communities and I would like to see more of them active right across the State.

We speak about anti-social behaviour. I do not know what happens at the Minister of State's clinics but not a week goes by but people come to my office intimidated and frightened and want to get out of their homes because of what is happening. I am aware that legislation is in place to deal with intimidation but, unfortunately, it is not delivering for those families who are affected, and similarly in this case. Will the Minister of State please outline to us who are active in our communities what exactly the Garda is to do in such a situation? It tells us one thing: it may be telling the Minister of State something different. If so, that is wrong; that is not the approach I want to see. If there are steps we can take to eliminate the problem without the necessity for Deputy Dessie Ellis's Bill, please outline them to us before the debate ends.

The Minister of State mentioned neighbourhood watch. If there is a problem concerning these cars in one's neighbourhood, does one telephone the Garda and what happens next? What are the steps after that? He has not outlined that in his contribution - he may have another contribution in his pocket - and the position is not clear. The problem still exists and it will exist when the Government votes down the Bill on Tuesday. I do not know if he can go back and discuss the matter with his colleagues. I do not think that anything I say will convince him that we have a serious problem which is growing. Some people said the problem was with youth. It is not just youth as some of those involved are adults and some are teenagers but there are many people involved in this activity and it is getting worse.

In my community we have joyriders back again. Many of us thought that was a thing of the past and we will be told there are all kinds of responses to that issue. The joyriders or the joy killers are active again. I am aware there are measures the Garda can take. We had an epidemic of it before and it is back again. Similarly, with this problem, sometimes it ebbs and flows but where there is a problem it is really difficult. We do not have any solutions and we cannot say anything to those families who are affected by it. We are talking about decent families who want their children to live in the best environment possible, who want to walk their children in the park and who want their children to play in the park, the carparks to be inclusive and we have not been able to deliver. Shame on us, and shame on this House if the Bill is voted down.

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