Robert Dowds (Dublin Mid West, Labour)
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I thank the Ceann Comhairle for allowing me to raise this issue. Many people in my constituency - and, I am sure, in the Minister's constituency - are having to put up with excessive noise and nuisance as a consequence of the misuse of scrambler vehicles and other types of motorbike. The problem has been particularly acute since Christmas, when many such vehicles were given as presents. People trying to relax in their homes on a Saturday evening or Sunday morning are subjected to hours of deafening noise as people race up and down the roads on scrambler bikes. In many cases, these drivers are using the wrong side of the road and going the wrong way around roundabouts. Some of them also do significant damage to public parks, making them places of fear for other residents rather than places where they can go for leisure, to exercise their dogs and so on.

What is happening amounts to an epidemic and something must be done about it. Some of the scrambler racers have put videos of their activities on the Internet. I will send the links to the Minister if he wishes so he can see what is going on. My concern in this regard is twofold. The first is the impact of these activities on the quality of life of ordinary people. Second, I am concerned that the wild behaviour in which some of these scramblers are engaging will ultimately result in loss of life. The problem is exacerbated by the fact that these drivers generally do not have the appropriate licences and, in many cases, are underage.

The thrust of the reply to the parliamentary question I tabled yesterday on this issue was that it is a Garda matter. That is, of course, correct. However, the gardaí to whom I have spoken about the issue have indicated they are fearful of chasing these people in case one of them should be killed, in which case the garda in question will be held responsible. There is also an issue as to whether gardaí are authorised to go into public parks and chase them there. My understanding is that they do not have adequate powers to take that type of action.

It is time to consider whether anything can be done in legislation to address this problem. I appreciate that it is a difficult issue to deal with, but I will offer a suggestion. I am proposing that people who purchase scrambler bikes for juveniles should be obliged, at the point of sale, to show the birth certificate of the person for whom the vehicle is being bought and give evidence that this person has the relevant licence. That would contribute towards eliminating this scourge. It is an issue that needs to be addressed as a matter of urgency.

Paschal Donohoe (Dublin Central, Fine Gael)
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I thank Deputy Dowds for raising this important matter. It is an issue with which I am familiar in my own constituency and I understand the difficulties it can cause for residents. My area of responsibility relates to legislation concerning the use of motor vehicles, including scrambler bikes, in public places. Enforcement of the relevant legislation, including addressing any illegal use of a mechanically propelled vehicle in a public place, is a matter for An Garda Síochána. The use of mechanically propelled vehicles in a public place is subject to the relevant requirements of road traffic legislation. The Road Traffic Act definition is that "public place" means any street, road or other place to which the public has access with vehicles, whether as of right or by permission and whether subject to or free of charge.

The Garda has been contacted about the issue raised by the Deputy and has stated its view that it does have the necessary powers to deal with cases concerning the use of such vehicles in public places under the Road Traffic Acts. Based on the definition of a "public place" and "mechanically propelled vehicle" in those Acts, gardaí are satisfied that road traffic law applies in public parks and the powers granted to them under the Road Traffic Acts may be exercised there. Those powers allow members of the force to stop a mechanically propelled vehicle in a public place and demand production of a licence or learner permit. If the scrambler bike is below 50 cc, the minimum age to hold a driving licence is 16 years. For vehicles above 50 cc, the minimum age is 17 years.

In addition, gardaí may inspect the vehicle for compliance with vehicle standards legislation. The legislation makes it an offence to drive without reasonable consideration, drive carelessly or drive dangerously. The Garda Síochána is satisfied that any of these charges could be brought, where appropriate, in the circumstances of misuse to which Deputy Dowds refers. The Garda has further indicated that a prosecution could be brought in these circumstances under the Criminal Damage Act, if appropriate. Furthermore, gardaí have powers of seizure, detention, storage and disposal of vehicles under section 41 of the Road Traffic Act 1994 and SI 89 of 1995.

As the Garda Síochána is satisfied that the necessary powers exist to deal with the matters raised by the Deputy, it does not appear at this stage that any further legislative action is required.

If, however, Deputy Dowds has proposals concerning the implementation of existing laws, especially regarding public places or residential roads or where a law is not in place to deal with the matters he referred to, I would be glad to hear his specific points to see if I could be of further help.

Robert Dowds (Dublin Mid West, Labour)
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I thank the Minister for his reply. I accept that the legislation is in place but I wish to raise two or three issues in this regard. First, I am interested in what the Minister said about public parks because, in a sense, it contradicts something that was said to me by our local gardaí. I will bring this to their attention.

The second problem concerns tracking down those using scrambler bikes because they are not registered. If they were registered, gardaí could photograph them and chase them up afterwards. Since there are no registration plates on such motorbikes, it is not so easy for gardaí to track them down. That is why I specifically suggested that when somebody is buying such a bike for a minor, they should have to produce evidence to show their age and that they have a relevant licence.

I am concerned that we will have deaths over this. The Minister is well aware that deaths have occurred as a result of joyriding in cars, although I am surprised that this has not yet happened in my area. I would be happy to show the Minister some of the videos that have been sent to me. If he looks at them he will see what is likely to happen. In a recent video, there were buses and cars on the road while the scramblers were going up the wrong side of the road as well as taking roundabouts the wrong way. They also lifted the motorbikes so that only the back wheel was in contact with the road, while being videoed by the pillion passenger. There is a real need to re-examine this issue.

Paschal Donohoe (Dublin Central, Fine Gael)
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I thank the Deputy and will respond to each of his points. I take his point that this is not just a matter of inconveniencing people or affecting the domestic environment. It is also a serious road safety issue. I am aware of the kind of behaviour the Deputy referred to, which is a threat to people on such scrambler bikes as well as those in the vicinity. I am also aware that in many cases scrambler bikes may be used in places that are well run by clubs. That poses no difficulty to anybody.

As the Deputy said in his opening contribution, safety is the paramount issue. In dealing with somebody on a scrambler or other motorbike in a residential area or in a public park where other people are present, including families with young children, gardaí must use their discretion in responding for fear of aggravating a situation or causing further risk to others in that area.

The Deputy raised this issue in a parliamentary question earlier this week, to which I responded. In anticipation of this Topical Issue matter, however, I specifically checked the definition of a public place and it includes a public park. There is therefore no impediment to stopping illegal activity taking place in a public park.

The Deputy's second point concerned a requirement to show evidence of age when purchasing such bikes or obtaining a licence. As I said in my earlier response, there are already two different age requirements in place. They are 16 or 17 years, depending on whether the engine is above or below 50 cc. To obtain a licence, the individual would be required to show that he or she is above either 16 or 17 years of age, just as one has to show evidence to obtain a driving licence for other vehicles.

I will take the Deputy's points to see whether that provision could be enforced more strongly or in a different manner. Having dealt with this in my constituency, I know that Garda stations seize these vehicles and take them from people who are either too young or pose a threat to others. I will follow up on the Deputy's specific point regarding whether this could be done in a different way or even more rigorously in order to respond to the risks he mentioned. I will write back to the Deputy on that point as well.

Robert Dowds (Dublin Mid West, Labour)
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I thank the Minister.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Before moving on to the next item, I will ask Deputy Joan Collins to address the House. She has formally agreed to the postponement of Topical Issue matter No. 4.

Joan Collins (Dublin South Central, United Left)
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I am requesting a deferral of that Topical Issue matter to Tuesday, 20 January 2015, as the Minister and both Ministers of State are not available to take the matter today. I wish to put on the record the fact that quite frequently Ministers are not turning up or cannot turn up. The idea of Topical Issue matters is that such matters can be taken up with the relevant Ministers. It is something we should look at.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thank you, Deputy. In reply to your point, I have already made it known that it is becoming unacceptable that week after week we are losing a slot. The fact is that another slot could have been used by somebody else today. Next week, because this matter has been postponed, only three slots will be available on Tuesday, so two slots have been lost. My office received no prior notice that Ministers were not available. If that had happened, and there was a good reason for it, we could have postponed the matter and picked somebody else's issue. I am asking, on the record, for Ministers to be conscious that this is an important opportunity for a Deputy to raise serious issues. It is a shame to be losing valuable slots like this, although I know it is not the Minister, Deputy Donohoe's, fault. I just wanted to put that on the record.