Dáil debates

Thursday, 19 October 2017

4:20 pm

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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9. To ask the Tánaiste and Minister for Justice and Equality the progress he has made with the Minister for Transport, Tourism and Sport, the Minister for Housing, Planning and Local Government, the Garda Commissioner and the Chairman of the Revenue Commissioners in identifying more effective possible solutions which can assist in dealing with the use of scrambler and quad bikes; the responsibilities he has assigned to each agency; the timeframe in this regard; and if he will make a statement on the matter. [44080/17]

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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Deputy John Curran cannot be here and sends his apologies. He has asked the Minister for Justice and Equality to outline the progress he has made with the Ministers for Transport, Tourism and Sport; Housing, Planning and Local Government; the Garda Commissioner and the Chairman of the Revenue Commissioners in establishing a multi-agency approach in order to ascertain if there are additional legislative or other solutions which could assist in dealing with use of scrambler and quad bikes more comprehensively.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I thank the Deputy for raising this issue. I am very concerned about the very serious public safety and anti-social issues associated with the misuse of scramblers and quad bikes. Tackling these issues, as the Deputy said, requires a multi-agency approach. To better facilitate this, I have written to the relevant parties, including the Ministers for Transport, Tourism and Sport and Housing, Planning, Community and Local Government, as well as the Garda Commissioner and the Chairman of the Revenue Commissioners, in order to ascertain whether there are additional legislative or other solutions which could assist us in dealing with this issue in a more comprehensive way. More recently, I have also written to the Department of Culture, Heritage and the Gaeltacht, given that the National Parks and Wildlife Service falls within its remit. Responses have now been received from the majority of bodies. As a next step, when all responses have been received, I intend to convene a meeting of all interested parties in order to identify more effective possible solutions and assign responsibility and timeframes for them.

The Deputy is already aware that, under the road traffic Acts, any member of An Garda Síochána is empowered to stop a mechanically propelled vehicle in a public place and demand production of a driver licence or learner permit. In addition, gardaí may inspect a vehicle for compliance with vehicle standards legislation which makes it an offence to drive without reasonable consideration or to drive carelessly or dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under road traffic legislation. I am further informed that the use of quad bikes and scramblers in public parks and open spaces is strictly prohibited by the local authorities under the parks and open spaces by-laws of 2011.

Despite the road traffic and other relevant legislation available in this area, the Garda authorities have indicated that there are issues of safety involved in the enforcement of these laws which are best addressed through a multi-agency approach. I am informed that gardaí are working with local authorities, including park authorities, to examine other solutions, including engineering solutions. Enhanced fencing and bike gates are examples of engineering measures which may be taken in order to restrict access to parks. However, we must do this in a way that will ensure our parks, particularly those in Dublin, can be used for the recreational purposes for which they have been designed.

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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I thank the Minister for his response. I acknowledge that gardaí have seized vehicles, but there appears to be a legal vacuum because I have anecdotal evidence of parents picking up quad bikes or scramblers that have been seized. There appears to be an inconsistency or contradiction in terms of the legislation or its interpretation by An Garda Síochána. There is an issue of health and safety at play. I acknowledge that in some instances local authorities and gardaí have found it extremely difficult to intervene when there are a number of vehicles on a particular green. I ask the Minister to elaborate on some of the responses he has received. Has any of the relevant agencies proposed legislative changes? We know that engineering solutions are an option for greens and parks, but they are not going to address the root of the problem. These vehicles are being purchased across the board and green spaces in Dublin and elsewhere are out of bounds at times, when no State agency could safely intervene or interrupt the activity that is ongoing. I ask the Minister to outline whether any of the responses he has received includes proposals for legislative changes.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Deputy has asked two specific questions, one about the adequacy or otherwise of the legislation currently in place and the other about vehicle seizures. The road traffic Acts empower An Garda Síochána to examine or seize vehicles. All members of An Garda Síochána fully enforce the legislation in the seizure, storage, release and disposal of vehicles. However, there may be one issue worth looking at in that context. As the Deputy said, An Garda Síochána does not have the power to retain a seized vehicle where the person concerned produces satisfactory evidence of ownership and has paid the relevant charge. It should also be noted that An Garda Síochána does not have any legislative power to deal with scrambler or quad bikes being driven on private land. However, local authorities have the power to introduce by-laws as they have done in respect of many parks. My colleague at the Department of Culture, Heritage and the Gaeltacht, Deputy Heather Humphreys, has similar powers to control off-road vehicles in certain areas. Unauthorised use of off-road vehicles is prohibited, for example, in certain national parks.

I am informed by the Minister for Transport, Tourism and Sport, Deputy Shane Ross that scramblers, quad bikes and other vehicles fall under the road traffic legislation when used in a public place. I am further informed, however, that the legislation does not extend to the use of such vehicles on private property or in public parks which are under the jurisdiction of local authorities or in national parks. In the case of the latter two, however, local authorities and the Minister Department of Culture, Heritage and the Gaeltacht are empowered to introduce appropriate by-laws.

These are the issues I am anxious to discuss with all of the agencies in order that we will be in a position to ensure best practice is applied across the board.

4:30 pm

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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I appreciate that the Minister is obliged co-ordinate everything. He mentioned the problem I have heard most about in the feedback I have received. When seized and retained, the power of disposal is not there when an ownership certificate is produced. Lots of parents are collecting scramblers and quad bikes and the cycle continues. Not many children own these bikes and we should address the legal vacuum, at the very least, in order that they can be disposed of. It is the same people who create havoc on greens and parks and if gardaí had the power of disposal, it would quickly address the issue.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I do not disagree with that and I would be happy to keep the Deputy informed of developments regarding my collaboration with the other Departments and agencies involved. I am sure he would agree that we need to raise awareness of the dangers of quad bikes and scramblers and I acknowledge the role of the Road Safety Authority, which has invested in interventions targeting those most at risk. According to the Road Safety Authority, education and enforcement are key measures and are both appropriate and necessary. The authority collaborates with An Garda Síochána on the matter or motorcycle and quad safety issues and it is important that it builds on a recent campaign which targeted parents considering these vehicles as Christmas gifts. Joint information and awareness programmes are important and I would be happy to hear of any ideas Deputy Jack Chambers has that might provide solutions to the issues.