John Curran (Dublin Mid West, Fianna Fail) | Oireachtas source

I am just making the point that it is happening throughout estates. Many open areas in our parks that should be recreational areas are now no-go areas. People are afraid to use them. I am involved with all my colleagues from the area but in particular with one colleague in South Dublin County Council, who is here today. We have a high-level group. I will not name the park for obvious reasons but a substantial effort is being made involving the gardaí, the council officials and the elected representatives to try to gain public ownership of our park, bring it back into use and deal with the scourge of the illegal and dangerous use of quad bikes and scramblers.

While my colleague, Deputy Troy, and the Minister set out the challenges this legislation would pose in terms of other road traffic legislation and identifying public open spaces, I do not believe the legislation would be as effective as we might think. I say that because at every joint policing committee meeting I have attended the gardaí indicate clearly, and these are public meetings so it is a matter of public record, that they have been instructed not to stop people physically using those bikes. If someone is using quad or scrambler bikes on a public road or in a park, the gardaí are not in a position to enforce the laws physically. Currently, it is illegal for such bikes to be on the roads but from a practical enforcement point of view, the gardaí cannot enforce the laws for their own health and safety and that of those engaged in the activity. From that point of view, I do not believe the legislation as presented is sufficient. We need to go further than that.

I was glad to hear the Minister singing off the same page as everybody else and that he is interested in trying to develop a solution. I have been frustrated. The first record I have of raising this issue with the Minister was on 7 December 2016. Frankly, when I read the answer at the time I could see he was oblivious to the fact that there was an issue with these bikes. He outlined all the existing laws in the reply. He stated that various quads and other bikes in a public place must have insurance, road tax, a driving licence, the driver must wear a helmet and that there are severe penalties under the road traffic laws. He went on to state that a park can be dealt with by local authorities by way of various by-laws. He went on to indicate that the Road Traffic Act 2004 makes it an offence to supply a mechanically propelled vehicle to a person under 16, regardless of whether it is a gift. He stated also that enforcement of the road traffic laws are a matter for An Garda Síochána and that he is informed that they are satisfied that they have the necessary powers to deal with cases concerning the use of quads, scramblers and bikes. That is what the Minister said in his reply but at the same time in our joint policing committee, the gardaí were saying something completely different. That line persisted for a long time, so the Minister's change of view today is most welcome.

I did not ask questions just of the Minister. I also asked them of the Minister for Justice and Equality. I want to acknowledge the change in direction the Minister, Deputy Flanagan, has taken in the past year in that he has realised that an inter-agency approach must be taken to this problem if we are to deal with it significantly. To that end, he has convened a number of meetings on it but one in particular across Departments and agencies. He has also engaged with the local authorities, which know at first hand the problems these vehicles are causing in our parks.

I commend the initiative taken by the Minister, Deputy Flanagan, but it is time that that now results in legislation being brought forward. The type of legislation required must go much further than just referring to road traffic Acts. There must be power in the legislation to have these vehicles seized when they are not in use. Everybody living in the housing estates knows who owns them. They have seen them in use and they see the problems they create. There must be a mechanism from an intelligence led point of view whereby the Garda has the power to seize them when these people return to their homes and not try to apprehend them when they are in use on the streets or in parks.

I commend the effort of my Sinn Féin colleagues in bringing this Bill to the floor of the Dáil. This is a scourge on the environment. I urge the Minister, irrespective of the outcome of the vote on this measure, to work in particular with the Minister, Deputy Flanagan, to bring concrete proposals to this House as soon as possible.

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