Dessie Ellis (Dublin North West, Sinn Fein)
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Our communities have been plagued for years by the use of quad bikes and other similar all terrain vehicles, ATVs. They are on our streets, in our parks and open spaces, and in built-up areas with foot traffic, including small children. People have been killed and injured by the misuse of these vehicles. In my area a young man was killed recently when he was thrown from one such vehicle. People are terrified out of their wits walking on paths in parks in particular.

Some of the people using the vehicles are as young as six and seven years old and they have little or no experience or even any supervision. The use of ATVs is accompanied usually by a complete disregard for safety or protective clothing. Helmets, pads or protective wear are never seen on the mostly young boys in and around estates, on parks and in green areas. The issue has been raised repeatedly at residents meetings, drugs task force meetings and joint policing committees, JPCs.

We must have rules and regulations on where such vehicles can be used, in addition to basic training requirements and licensing. We must also give the Garda clear guidelines to deal with them, how the vehicles can be seized and how repeat offenders can be stopped from using them. The proliferation of such vehicles at Christmas is a scourge for urban neighbourhoods. Parents must be more responsible and must also be held responsible. It is not my aim to criminalise anyone using such vehicles responsibly but to tackle their misuse which has a very severe anti-social element to it.

The old Dunsink landfill site in my area at any given weekend has 30 to 40 bikes and quads rallying through it all day and all night. Unfortunately, for residents living in the estates nearby, that means they cannot rest with the ceaseless noise. Plans by the local authority in Fingal to build a track that would be properly maintained and supervised at the top end of the site are welcome. Local authorities must be more proactive in providing amenities for young people. Dublin City Council has made positive moves in the provision of a local track in East Wall.

Senior gardaí and Dublin City Council officials are all aware that the use of these vehicles in public spaces and parks is a problem, but gardaí have told me that they do not have sufficient powers to seize and hold vehicles to tackle the problem. I introduced a Private Member’s Bill on the issue in March. According to the Minister, the Garda Commissioner said that legislation was not required as no problem existed, yet a number of Deputies present agreed wholeheartedly with my Bill and reiterated the issues I had raised in my contribution. We know there is a problem, as do the people living in these areas. We do not accept the dismissal from the Minister.

In conversation, gardaí have repeatedly referred to a loophole which makes seizure difficult when vehicles are being operated in local authority designated public spaces and parks. Following any seizure that has been made, the vehicle must be returned on request and it is clear that those responsible continue to cause trouble. The cost in terms of damage to the green areas, shrubbery, trees and paths as well as fencing and playing fields is another major problem in hard-pressed communities that have suffered deprivation. We must act to restore our parks and greens to places of relaxation, community, wildlife and nature. We need safe and secure parks for all, not to have to look over our shoulders while out walking wondering when the next vehicle is coming up behind us.



Minister of State at the Department of Transport, Tourism and Sport (Deputy Ann Phelan):I am responding to this Topical Issue matter on behalf of my colleague, the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe.

I thank Deputy Ellis for raising this important issue. It is difficult to deal with the nuisance level of the problem outlined. The first concern of a Government when it comes to the use of mechanically propelled vehicles is safety. That applies to any form or use of such vehicles. I agree with what I understand to be Deputy Ellis's position, that people using mechanically propelled vehicles on green areas in public, such as in public parks, can sometimes pose a serious risk to members of the public. I do not believe anyone would disagree with him in that regard. The primary responsibility for using a mechanically propelled vehicle in a safe and socially responsible way rests with the person in charge of that vehicle. Misuse or anti-social use of such vehicles can pose a serious danger to the public. Unfortunately, there are people who use vehicles irresponsibly in public parks, just as there are people who drive irresponsibly on the roads.

The question at issue is what the law has to say about people using such vehicles on green areas in public. I am aware Deputy Ellis published a Private Members' Bill on this topic, as he outlined. I agree with him that the law should address the matter. An Garda Síochána has been contacted about the issue raised by the Deputy and has stated that it believes it has the necessary powers to deal with the cases in question under the Road Traffic Acts. Based on the definition of a “public place” and "mechanically propelled vehicle" in those Acts, the Garda is satisfied that road traffic law applies in public parks and that the powers granted to the Garda under the Road Traffic Acts may be exercised there. The powers allow the Garda to stop a mechanically propelled vehicle and demand production of a licence or learner permit, as the case may be. Let us not forget that drivers of quadricycles must be licensed.

In addition, the Garda may inspect the vehicle for compliance with vehicle standards legislation. The legislation makes it an offence to drive without reasonable consideration, to drive carelessly and to drive dangerously. The Garda is satisfied that any of these charges could be brought, where appropriate, in the circumstances to which Deputy Ellis refers.

The Garda has indicated that a prosecution could be brought in these circumstances under the Criminal Damage Act, if appropriate. The Garda has powers of seizure, detention, storage and disposal of vehicles under section 41 of the Road Traffic Act 1994. As the Garda Síochána is satisfied that the necessary powers exist to deal with the matters raised by the Deputy, it does not appear that further action is required.

Dessie Ellis (Dublin North West, Sinn Fein)
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I have in my hand a simple Bill that was compiled with the help of Dublin City Council officials to address what senior gardaí, including superintendents and those on joint policing committees, JPCs, identify as a legislative problem. Like the Minister of State, Deputy Ann Phelan, the former Minister and Deputy, Mr. Phil Hogan, said that the Garda Commissioner sees no need for extra laws. Every garda on a JPC says this is wrong and must be re-examined as there is a problem with existing legislation that must be addressed. It has been repeated by the Minister of State that gardaí believe there is no problem but this is not true. The drugs task force, senior gardaí and Dublin City Council officials have raised this matter so the Minister of State should go back to the drawing board to find out where this information comes from. If the information has come directly from the Garda Commissioner, as in the past, it must be examined, although a new person now holds that position. We must find out why this information was given to the Minister of State because it is inaccurate.

I seek to reintroduce my Bill and have the issue I raise re-examined. We must look at the legislation properly because ordinary gardaí and superintendents recognise that there is a problem. They cannot all be incorrect so there is something wrong in the information supplied to the Minister of State. Can I reintroduce my Bill as it waited two years in a queue? It is an urgent issue - a matter of life and death in some cases - because people cannot rest in their local parks due to these vehicles. Gardaí cannot seize these vehicles because if they do so, they must give them back. Gardaí cannot hold on to the vehicles.

Ann Phelan (Carlow-Kilkenny, Labour)
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We are all trying to deal with these issues through county councils as they fall into the area of nuisance. On the issue of the consumption of alcohol in public places, county councils were able to introduce by-laws that reinforced the work of gardaí to deter such conduct. I suggest the Deputy asks Dublin City Council to introduce the by-laws necessary to underpin the work of the Garda. Nuisance can be difficult to deal with. The Deputy said people could be knocked down and killed and that is of serious concern, but I think Dublin City Council has a large role to play. I suggest the Deputy revert to the council.

Dessie Ellis (Dublin North West, Sinn Fein)
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The definition under the Act is the problem. The problem does not lie with local authorities.