Imelda Munster (Louth, Sinn Fein) | Oireachtas source

This Bill will amend the Road Traffic Act 1994. It will correct an anomaly in road traffic legislation to allow gardaí to deal with those who operate quad and scrambler bikes illegally. This is a serious problem in many urban areas. It is certainly an issue in my constituency and my town, Drogheda. It is dangerous and frightening for local residents and for those operating the vehicles, many of whom are minors. This Bill is not against scramblers or quads or those who operate them. It is not an attack on any legitimate road user. It is a road safety measure that has the potential to bring enormous benefits to communities affected by this problem.

In some urban areas we have a situation where people, many of them underage, are operating quads and scramblers illegally. They are being driven without a licence, insurance or registration. In many cases these vehicles are being driven dangerously, damaging property, injuring other road users and causing havoc in local communities. Currently, the use of all terrain vehicles, ATVs, on public roads is prohibited by law unless the vehicle is fully insured, taxed and meets all other regulatory requirements. There is a legal loophole which means the gardaí cannot take action if these vehicles are operated in residential greens and public parks as these are not currently defined in law as public spaces. This has led to a situation where people are engaging in antisocial and dangerous behaviour in residential areas. The Bill aims to rectify this. We are filling the gap to redefine "public space" to ensure that gardaí can take action when people are driving recklessly, no more and no less. We think this is a practical solution to the problem and we hope that other parties and the Government will support it.

There is a significant amount of regulation in the area of road traffic legislation. However, it remains a problem. Gardaí have said that they seriously struggle to manage this issue in public greens and parks, finding the existing laws very difficult to enforce. Gardaí simply do not have the power to confiscate and detain ATVs that are operated illegally in public spaces. The Government has said on many occasions that gardaí have this power but local community and safety forums, the gardaí and others have contradicted this. They say that gardaí cannot currently stop people operating quads on housing estates and in parks as these areas are not strictly defined in legislation as public property or public roads. When gardaí seize these vehicles, they have to return them to their owners without sanctioning the driver or the owner as they are technically not in breach of the law, as the greens and parks they are driving on are not covered in legislation.

In December 2016, then Minister for Justice and Equality, Deputy Frances Fitzgerald, seemed to acknowledge the difficulty, saying:

Despite the legislative provisions in this area, the Garda authorities have indicated that the use of quad bikes and scramblers by minors and youths in public parks has proven difficult to deal with from an enforcement perspective. Garda members are instructed not to pursue youths on quad bikes, scramblers, etc. owing to the inherent safety issues involved and the risk of serious injury or death. Therefore the opportunity to actually bring these vehicles to a stop is rare.

That is a remarkable statement. Does that mean gardaí are no longer able to pursue or chase people who have broken the law? The Government is clearly grasping at straws looking for reasons to oppose this legislation. This Bill includes these areas under the definition of "public space", thus giving the gardaí the power to take action to deal with this illegal and dangerous activity. If this Bill is successful, it means that gardaí will be able to impound those vehicles. The Minister knows it is a problem. People are living in fear in some housing estates because of the antisocial behaviour and dangerous driving of these ATVs.

I have been raising this issue since I was elected and my colleague Deputy Ellis has been raising it for many years. It is almost a year and a half, as Deputy Ellis said, since we introduced the Bill. The problem remains. It is getting much worse in some areas. Between 2015 and 2017, 189 people were injured by these vehicles. These figures do not take into account those injured this year. The urgency of this issue was made loud and clear this summer when a man and his wife were run over by a scrambler when they were sunbathing in a park in Darndale. The woman had injuries. Her husband suffered catastrophic head injuries. His doctors said he suffered "severe traumatic brain injury" and his injuries are understood to be life-changing. His wife has said that their lives have been ruined. His wife has also said that there is no law prohibiting the use of scrambler bikes in a public park and she wants to see this changed. How long will the Minister ignore this for? We need to step up. We cannot risk another tragedy. The Minister, Deputy Ross, said that he will oppose the Bill in case there are unintended consequences. We requested a note from his office to explain these consequences and we received it about an hour ago. The note we received says the Bill will potentially affect intoxicated driving cases.

We have all known for years that thousands of people get away with road traffic offences because the legislation is a patchwork of Acts going back to the 1960s and, as a result, it is full of loopholes. The legislation must be consolidated to close those loopholes. That is the job of the Minister. I have been asking him to do that for the past two years. It is the Minister's job and he does not need expensive consultants to do it. He should make sure the expertise is within his Department.

The note also says that if our Bill passed it would risk increasing road traffic fatalities. That is an outrageous conclusion to draw. If the Department wants to reduce fatalities on the roads, it should consolidate road traffic legislation to make it easier to convict people and it should invest in the traffic corps. It is as simple as that, and the Minister is aware of that.

The Minister has also said that a multi-pronged approach is being looked at. The former Minister, Deputy Fitzgerald, however, said the same thing in 2016, two years ago. An example of that approach, given by the former Minister, Deputy Fitzgerald, was "engineering solutions" such as enhanced fencing and bike gates. That is not a solution. It will not work in open green spaces in residential areas. The Minister knows that fine well. Is he proposing to enclose entire green spaces in residential areas to stop quad bikes? That is ridiculous and the Minister knows that is the case. The solution is in the Bill but the Minister refuses to support it.

The Minister has ignored many things in his portfolio and I implore him not to let this be another one. I sincerely hope that Fianna Fáil will support this legislation. There is no concern about this Bill that could not be addressed on Committee Stage. We have repeatedly said we will work with other parties that are willing to get this Bill through. I hope Fianna Fáil does not take the cowardly approach and abstain or, worse, vote against the Bill. That would show the party is out of touch with the public and their concerns about antisocial and reckless driving on public spaces and greens.

Last week Fianna Fáil issued a press statement asking what the point was of the Minister, Deputy Ross. If Fianna Fáil abstains or votes against the Bill, the same question could be asked of it. As Members are aware, this is a growing problem in many towns across the State. Christmas is coming, which means we will see more scramblers and quad bikes showing up in urban areas. Every year the problem gets worse. We have laws to deal with it, but they cannot be enforced in some areas because of the legislative anomaly. I urge the Minister to support the Bill today. If there are minor issues that require change, we can do that on Committee Stage, but it is most important to those affected that this matter is addressed.

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