Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I am happy to concede that one looks on these issues differently when one gets into government because one has to look at the legalities of things rather than the objectives and the route which one will take there. We are on the same journey. I suggest Deputy Ellis is taking the wrong route because of the difficulties to which the wording would give rise. Having studied the Bill, the conclusion is that it is not a matter for road traffic legislation but it is something that is being addressed elsewhere.

I acknowledge Sinn Féin's contribution and if I can do anything to arrange a meeting of minds on the issue in the near future, I will do so. I would be happy to do that because we want to pursue the same objectives, see lives saved and address the scourge of illegal activities by those who use quads and scramblers in the manner outlined.

In the light of the serious injuries received by a man caused by a scrambler bike in a park in north Dublin in June of this year, and because of other incidents concerning such vehicles, it is critically important that we all redouble our efforts, including an examination of the powers available to An Garda Síochána under public order and criminal justice legislation. It is not appropriate, however, to tackle this issue by changing the definition of “public place” in the Road Traffic Acts or in part of the Road Traffic Acts. The Private Members' Bill seeks to expand the definition of “public place” for the purposes of section 41 of the Road Traffic Act 1994 to include any outdoor area, including public parks, to which members of the public have or are permitted to have access, whether as of right or as a trespasser or otherwise, and which is used for public recreational purposes. The definition of “public place” is central to the application of road traffic legislation, particularly in the area of intoxicated driving. An amendment such as that proposed puts that definition at significant risk. The consequences of that would be very serious. The definition of “public place” in current road traffic legislation has been the subject of many legal challenges to intoxicated driving prosecutions. That has resulted in the current legal definition being robust and widely accepted in terms of the enforcement and subsequent prosecution of road traffic legislation. Such enforcement has been a significant contributor to saving lives on our roads, with 2017 being the year with the lowest number of fatalities since records began. Rather than risk increasing road traffic fatalities and undermining the current acceptance of the definition of “public place” in road traffic legislation, the issue of inappropriate use of scramblers in publicly owned parks or spaces would be more properly dealt with under public order and criminal justice legislation.

In that regard, earlier this year, the Department of Justice and Equality convened meetings with key Departments and agencies on the misuse of scramblers and quad bikes, and a multi-agency task force was established, including representatives of An Garda Síochána, the local authorities and other bodies concerned. As part of the work of the interagency group, the Department of Justice and Equality is reviewing criminal justice and public order legislation to ensure that An Garda Síochána possesses the necessary powers to deal with the misuse of scramblers and quad bikes in public places other than those covered in the Road Traffic Acts. The Department of Justice and Equality has sought advice from the Office of the Attorney General on quads and scrambler bikes, in particular concerning a number of provisions contained in public order legislation. That will determine whether any legislative amendments are necessary to criminal justice and public order legislation to assist in curbing antisocial activity insofar as scramblers and quad bikes are concerned. For example, section 3 of the Criminal Justice (Public Order) Act 1994, as amended, includes a definition of the term “public place”, which includes all areas of a public or local authority park. Legal advice has been sought from the Office of the Attorney General as to the powers of An Garda Síochána under criminal justice legislation when it comes to the use of scramblers and quad bikes in these areas.

These include search and seizure of scramblers and quad bikes by An Garda Síochána with a view to identifying potential legislative solutions. The public safety and public order concerns relating to scramblers and quad bikes are best addressed through the multi-pronged response being pursued by the interagency group. The approach includes a review of appropriate criminal justice and public order legislation, education and awareness-raising measures, engagement at local community level, etc. It was agreed by this task force that the issue must be tackled by a number of means, including consideration of enforcement measures, education and awareness-raising measures, relevant legislation, if necessary, and the potential provision of designated facilities where such vehicles could be used in a safe environment. At the most recent meeting, it was agreed that road safety officers from the local authorities would organise a campaign urging parents not to buy scramblers or quad bikes as Christmas presents for minors. The Road Safety Authority will run a similar campaign in the run-up to Christmas. The local authorities will log complaints and incidents relating to scramblers and quad bikes in open spaces and parks during a particular week in the latter part of 2018 to attempt to gauge the scale of the issue. The task force is due to meet again next month to review progress and will engage again with local authorities and An Garda Síochána to fully understand the difficulties encountered in dealing with this type of anti-social behaviour and to learn from community policing successes in this area.

The Department of Justice and Equality is consulting further with local authorities in the context of the many examples of positive engagement fostered by local authorities with local communities. A number of initiatives and projects are of potential interest insofar as the misuse of scramblers and quad bikes are concerned.

I reiterate that I am fully behind the excellent intentions of the movers of this Bill. However, I do not believe it is appropriate to tackle the issue by changing the definition of "public place" in the Road Traffic Acts. I see a solution to this issue coming from the work of the interagency group, chaired by the Department of Justice and Equality and established earlier this year to deal with the misuse of quads and scramblers. The legal advice the Department of Justice and Equality receives from the Office of the Attorney General with regard to these matters will be instructive in providing a solution as well.

The intentions of Deputy Ellis and Sinn Féin are correct and we support them. We simply believe that the risks attached to changing the definition and the associated approach are high. There is also a danger of undermining other legislation, a point to which Senator Munster referred. I meant to say Deputy Munster - that was a Freudian slip and I hope it never comes to pass. In any event, those risks are not worth taking. The consequences of undermining other legislation would be unforgivable. Therefore, as a matter of urgency we are addressing other ways of ensuring that the measures Sinn Féin is proposing can be secured.

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