Dáil debates

Wednesday, 12 July 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Road Safety

2:50 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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28. To ask the Tánaiste and Minister for Justice and Equality the steps he will take to address the widespread problem of minors and others driving scramblers and quad bikes and the serious public safety threat that these pose; the steps he will take to address the lack of enforcement of road traffic legislation; the status of his Department's engagement with An Garda Síochána on this issue; and if he will draw up a strategy to address this issue. [33429/17]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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I am unsure of how familiar the Minister is with this issue, but those of us representing urban constituencies are all too familiar with what is now a widespread problem, namely, the use of quad bikes and scramblers by youths and, often, young children. It poses a major danger to the riders themselves as well as to the public generally and renders many housing estates unusable for other purposes because of road safety reasons. A concerted Government response to the problem is now required.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I share Deputy Shortall's concern about the public safety and anti-social issues associated with the misuse of such vehicles. It is a serious issue. The Deputy will be aware that the use of mechanically propelled vehicles, MPVs, including quad bikes and scramblers, in a public place is subject to the relevant requirements of road traffic legislation. I am advised by the Garda authorities that these vehicles, when used in public places, must comply with the Road Traffic Acts, including in terms of motor tax, insurance and possession of a valid driver licence or learner permit. Under the Acts, any member of An Garda Síochána is allowed to stop an MPV in a public place and demand production of a driver licence. In addition, gardaí may inspect the vehicle for compliance with vehicle standards legislation, which makes it an offence to drive without reasonable consideration, in a careless manner or dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under the road traffic code.

I am further informed that the use of quad bikes and scramblers in public parks and open spaces is strictly prohibited by local authorities under the 2011 parks and open spaces by-laws.

Despite the road traffic and other relevant legislation available in this area, the Garda authorities have indicated that the use of quad bikes and scramblers by minors and youths in public parks has proven difficult to deal with from an enforcement perspective. Garda members are instructed not to pursue youths on quad bikes, scramblers and so on owing to the inherent safety risk in pursuing these vehicles. If such pursuits were to take place, there would be a high risk of their ending in collisions at speed, resulting in serious injury or death. As a result, bringing these vehicles to a stop is challenging.

The Garda authorities further advise that the issue is one that is best addressed through a multi-agency approach. In that regard, gardaí are working with local authorities, including park authorities, to examine other solutions, such as engineering ones. Enhanced fencing and bike gates are examples of engineering measures taken to restrict access to parks.

I am pleased to have the opportunity to respond to Deputy Shortall on this issue. I understand its importance, particularly in urban areas, including this city.

3:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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I thank the Minister for his response. The problem is that it is exactly the same response we have been hearing for the past number of years. I and many other Members have raised this issue. We know it is against the law. Those vehicles are covered by road traffic legislation. I do not think it is widely known among parents who frequently buy these vehicles for their children as birthday or Christmas presents. There is obviously a need for an information and awareness programme to be run on it. There is a need for that kind of campaign to make parents aware they are breaking the law in buying these vehicles for their children.

There are two issues here. One is the use of the vehicles on public roads. As the Minister says, gardaí have been instructed not to pursue people driving these vehicles. That is absolutely understandable. It means the issue is not being policed at all. The second issue relates to public parks. There is no policing of it there because road traffic legislation does not apply there. We need a new response.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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There are two issues raised by Deputy Shortall in the question. In the first instance she asks about raising awareness. I assure her the Road Safety Authority has again been asked to raise awareness of these issues in the context of the current summer climate which obviously gives rise to a greater use - or, indeed, greater misuse or abuse - of these vehicles in urban areas. In response to Deputy Shortall's assertion that she has heard this all before and that the answer to the question is the same, I say that in order to better facilitate a multi-agency approach, I have written in very recent days to the relevant parties, including the Minister for Transport, Tourism and Sport, the Minister for Housing, Planning, Community and Local Government, the Garda Commissioner and the Chairman of the Revenue Commissioners. I have done so in order to ascertain whether there are additional measures by way of legislation or regulation at local authority level with a view to finding solutions that can assist us in dealing with this issue in a more comprehensive manner than has been the case to date.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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I requested an awareness campaign before Christmas and a press release was issued. We need to do something more substantive than that. I welcome the announcement the Minister has made today because it has to be a cross-agency approach and it has to happen at national level. There have been minor attempts to do it locally in local communities. Many of us experienced that in our own constituencies. There is a need for change in the law, particularly on awareness. There is a strong case for introducing legislation to prohibit the sale of these vehicles unless there is evidence provided of insurance, tax and driving licences. We need a concerted and co-ordinated approach because too many lives are being put at risk. There have already been some deaths. There have been several serious injuries. It also contributes hugely to the level of anti-social activity in many of our housing estates. I hope the Minister will move ahead with that kind of cross-agency approach. There is a need for a task force. I hope the Minister will give consideration to setting up such a task force.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I assure the Deputy that, having made contact with agencies and ministerial colleagues as I mentioned, I and my officials will co-ordinate a cross-departmental and multi-agency approach. It is important we examine every opportunity across a range of agencies and Government Departments to see how best we can work out a solution to what is a real and serious problem particularly in urban areas in Dublin. I am happy to keep the Deputy fully informed.