Damien English (Meath West, Fine Gael) | Oireachtas source

I thank Deputy Rock for raising this important public safety concern affecting a number of communities in his area and in other parts of the country. He will recall that the Minister for Justice and Equality, Deputy Flanagan, responded to a parliamentary question on the same issue on 19 February last. I pass on the Minister's apologies to the House. He is in the Seanad and could not be here. He did want to be present because this is an important matter. Deputy Rock would like to have him here as well. I share this update and reply on the Minister's behalf.

The Minister shares the Deputy's concern regarding the misuse of scramblers and quad bikes. The Minister's concerns have been noted many times on the record of this House. The effects of anti-social behaviour arising from the use of these off-road vehicles can be devastating and life-changing, as highlighted by Deputy Rock and Deputy Ellis on RTÉ's "Today with Sean O'Rourke" show earlier. It is because of a horrific incident in Darndale Park on Saturday, 9 June last that we have a gentleman left in a vegetative state and whose wife was also seriously injured. On behalf of the Minister and myself, I extend heartfelt sympathy to Ms Kotsinian and to her and her husband's families on this tragic accident.

This incident highlights how the misuse of scramblers and quad bikes can profoundly affect an entire family and not just the people who have been injured. We are also sadly reminded of the fatalities that have occurred in recent years as a direct result of the misuse of these vehicles. Deputy Rock will appreciate that while the Minister has no direct role in the prevention of anti-social behaviour or the enforcement of road traffic legislation - these being operational matters for the Garda Commissioner - the impact of the misuse of scramblers and quad bikes is simply unacceptable for families who should feel safe and secure in their local communities. That is why he has asked his officials to focus on this public safety issue.

The Deputy will be aware that the Department convened a cross-agency meeting on 25 April 2018 with key Departments, An Garda Síochána and the Road Safety Authority. The purpose of the cross-sectoral meeting was to ascertain whether there are additional legislative or other solutions, which can assist in dealing with the misuse of scramblers and quad bikes more comprehensively, with a view to determining responsibility and timeframes for implementation of solutions identified. Deputy Rock is looking for a timeline and that is what the Minister is trying to achieve as well. The Department of Justice and Equality has consulted a considerable number of other Departments and public bodies in recent months in order to identify a number of relevant items of legislation. These have been brought to the attention of the Office of the Attorney General to determine whether any legislative amendments are necessary to assist in curbing activity insofar as scramblers and quad bikes are concerned without giving rise to any unintended negative legislative consequences. I am pleased to confirm that the Department received formal legal advice from the Office of the Attorney General just this week. The advice is comprehensive in nature and is now being carefully considered by officials in the Department, together with the Department of Transport, Tourism and Sport, in the context of road traffic legislation. The Department has met separately with local authorities and participates in a task force established by South Dublin County Council to consider the public order implications of the misuse of these off-road vehicles at a community level. The task force has met on two occasions to date and is scheduled to meet again on 14 November.

The task force is a useful and important forum and it discussions informed the Department's correspondence with the Office of the Attorney General. On behalf of the Minister, I would like to take this opportunity to reiterate the Minister's commitment to supporting actively any positive actions that can be pursued in response to the serious public safety issues arising from the misuse of scramblers and quad bikes. When the Department has had an opportunity to study the legal advice we should be able to give Deputy Rock a better update on timelines.

See this speech in context