Dáil debates

Thursday, 11 November 2021

Road Traffic and Roads Bill 2021: Second Stage (Resumed)

 

3:05 pm

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats) | Oireachtas source

This is an incredibly wide-ranging Bill, as my colleague said. One matter that is a huge concern in constituencies such as mine and in those of other Deputies is the issue of scrambler bikes. This has been discussed not only in this House but also in local authorities in search of a resolution. I hope this Bill brings some resolution to this serious issue but there will have to be amendments made on Committee Stage for that to happen. There will have to be broader engagement with the Garda and other sectors on some peculiar aspects of the law, regulation and enforcement with regard to scrambler bikes.

Scrambler and quad bikes have been discussed at length in the political and media arenas, including their association with antisocial behaviour, their use for purposes of intimidation and the risk associated with them. It is hoped this Bill will finally enable us to deal adequately with them when they are used dangerously. I welcome this aspect of the Bill. However, the fear is that no resources are being invested in this area. There is just the risk of the stick without understanding what that will look like. We all have stories from both ourselves and our constituents regarding scrambler and quad bikes. The stories are tragic in many ways. I am reminded of a story from my constituency on Christmas Day in 2014 when a young man lost his life. There are other harrowing stories about scrambler bikes coming over hills and landing on top of people in parks in Santry. There have been other issues in Tolka Park. They are significantly dangerous issues, creating the potential for antisocial behaviour. There is so much fear for people in the parks that we hope we can get to grips with this issue.

No one buys a scrambler bike for a child in the belief that they will get hurt. Some people want to use scrambler bikes safely but we need to create the conditions in which that can happen. I am conscious that 41% of those killed or injured in collisions involving quad bikes or scramblers on a public road between 2014 and 2019 were 18 years or younger.

The measure in the Bill specifying where it is lawful for scramblers and quad bikes to drive will help ensure the safety of the public, as well as users of these vehicles many of whom are not engaged in antisocial behaviour and do not maliciously intend to cause harm. However, we need more procedures and best practice for these vehicles. The Bill mentions strengthening the powers of the Garda, but has the Minister engaged with the Garda to see if the issue is only related to the extent of the power that the Garda Síochána has when it comes to scramblers and quad bikes? I am wondering about the level of engagement with the Department of Justice.

All of us have contacted the Garda about scramblers and quad bikes. Invariably we are told that gardaí cannot chase young people on these bikes for obvious reasons. How in practice will members of An Garda Síochána seize scramblers and quad bikes? That is the biggest factor in scramblers and quad bikes being such a long-standing issue in communities, and it is one the Bill does not yet adequately address. I would appreciate if the Minister of State could provide any practical information on how the stopping and seizing of these vehicles will take place. I am not sure if that is even within the remit of the Bill at this time. It will require best practice and evidence. It will require alternative places for where young people can use these scrambler bikes. Unless we have that I am not hopeful.

As my colleague, Deputy Catherine Murphy said, we also need clarity on the powers of An Bord Pleanála potentially to bypass local or county development plans for roads as a result of this Bill. I sat on Dublin City Council for six years, some of that time alongside the Acting Chairman, Deputy Mitchell. Last night Dublin City Council introduced its city development plan. More than 300 amendments were made to that development plan over the last three days and yet we are told that An Bord Pleanála can simply bypass city or county development plans at the stroke of a pen, which fundamentally undermines the very concept of local government and local democracy.

As we argue the merits and demerits of the Bill, I cannot help thinking how it will further erode local authority structures. What was the point of the level of engagement by counsellors on Dublin City Council in passing that local development plan with its 300 amendments if we are simply going to bypass it? What was the point of giving them authority but then taking it away? That needs to be addressed substantively not only at committee level but potentially through legislation. Those city and county development plans must matter or else the very concept of local government is further eroded, which is a real shame. We should not further compound it through this Bill.

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