Dáil debates

Thursday, 8 November 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Road Traffic Legislation

3:20 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The first matter to be considered is in the name of Deputy Rock who wishes to discuss cross-agency progress in dealing with the misuse of scramblers and quad bikes. Does the Deputy have a quad bike?

3:25 pm

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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I do not. I own an electric scooter and must declare my interest in that regard. Scooters are not the cause of disruption in my constituency. However, quad bikes and scramblers are causing great disruption to many communities adjacent to the perimeter of the M50. Deputies who represent the constituencies of Dublin Bay North, particularly Darndale and Coolock, Dublin North-West, especially Finglas and Ballymun, Dublin Mid-West, Dublin South-Central and Dublin South-West, which all have communities with green spaces, would be familiar with the scourge that scramblers and quad bikes pose. People using these vehicles terrorise others in parks and on roads. Gardaí are, naturally, reluctant to chase them because that could result in accidents. Deputy Ellis of Sinn Féin brought forward a Private Members' Bill some weeks ago to redefine public spaces in view of the fact that parks are not covered under the road traffic legislation. He contested that they should be covered under that legislation in order to allow for pursuit of these vehicles. The Office of the Attorney General advised, and the Government and Fianna Fáil accepted, that is not the approach that we should take. Nevertheless, an approach should be taken.

The categorisation of good legislation is that it fulfils the objectives it sets out to achieve and that it does not cause any unforeseen negative consequences. My understanding of the advice is that, while the intention behind it was good, Deputy Ellis's Bill may unfortunately have given rise to unforeseen consequences. Nevertheless, that does not mean we should not do anything about the matter to which I refer. The Minister for Justice and Equality, Deputy Flanagan, has been active in that regard in setting up a cross-agency grouping to discuss the issue and to thresh out what solutions, legislative or otherwise, should be considered in respect of this scourge.

I am seeking an update on the progress made to date and a roadmap as to where we are going. This problem has been ongoing for a long period. I assure the House that, come Christmas, a new wave of quad bikes or scramblers will be given to children and teenagers as presents. They will be given in good faith but they will be misused nevertheless. This issue will arise again in Dublin and in other urban areas. Very predictably, the type of behaviour to which I refer happens every Christmas and also during the summer months. I would like to see a roadmap and some tangible proposals and solutions outlined in order that we do not simply go through the motions again for another year. I welcome any progress the Minister of State can report and any timeline that he can set out.

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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I thank Deputy Rock for raising this important public safety concern affecting a number of communities in his area and in other parts of the country. He will recall that the Minister for Justice and Equality, Deputy Flanagan, responded to a parliamentary question on the same issue on 19 February last. I pass on the Minister's apologies to the House. He is in the Seanad and could not be here. He did want to be present because this is an important matter. Deputy Rock would like to have him here as well. I share this update and reply on the Minister's behalf.

The Minister shares the Deputy's concern regarding the misuse of scramblers and quad bikes. The Minister's concerns have been noted many times on the record of this House. The effects of anti-social behaviour arising from the use of these off-road vehicles can be devastating and life-changing, as highlighted by Deputy Rock and Deputy Ellis on RTÉ's "Today with Sean O'Rourke" show earlier. It is because of a horrific incident in Darndale Park on Saturday, 9 June last that we have a gentleman left in a vegetative state and whose wife was also seriously injured. On behalf of the Minister and myself, I extend heartfelt sympathy to Ms Kotsinian and to her and her husband's families on this tragic accident.

This incident highlights how the misuse of scramblers and quad bikes can profoundly affect an entire family and not just the people who have been injured. We are also sadly reminded of the fatalities that have occurred in recent years as a direct result of the misuse of these vehicles. Deputy Rock will appreciate that while the Minister has no direct role in the prevention of anti-social behaviour or the enforcement of road traffic legislation - these being operational matters for the Garda Commissioner - the impact of the misuse of scramblers and quad bikes is simply unacceptable for families who should feel safe and secure in their local communities. That is why he has asked his officials to focus on this public safety issue.

The Deputy will be aware that the Department convened a cross-agency meeting on 25 April 2018 with key Departments, An Garda Síochána and the Road Safety Authority. The purpose of the cross-sectoral meeting was to ascertain whether there are additional legislative or other solutions, which can assist in dealing with the misuse of scramblers and quad bikes more comprehensively, with a view to determining responsibility and timeframes for implementation of solutions identified. Deputy Rock is looking for a timeline and that is what the Minister is trying to achieve as well. The Department of Justice and Equality has consulted a considerable number of other Departments and public bodies in recent months in order to identify a number of relevant items of legislation. These have been brought to the attention of the Office of the Attorney General to determine whether any legislative amendments are necessary to assist in curbing activity insofar as scramblers and quad bikes are concerned without giving rise to any unintended negative legislative consequences. I am pleased to confirm that the Department received formal legal advice from the Office of the Attorney General just this week. The advice is comprehensive in nature and is now being carefully considered by officials in the Department, together with the Department of Transport, Tourism and Sport, in the context of road traffic legislation. The Department has met separately with local authorities and participates in a task force established by South Dublin County Council to consider the public order implications of the misuse of these off-road vehicles at a community level. The task force has met on two occasions to date and is scheduled to meet again on 14 November.

The task force is a useful and important forum and it discussions informed the Department's correspondence with the Office of the Attorney General. On behalf of the Minister, I would like to take this opportunity to reiterate the Minister's commitment to supporting actively any positive actions that can be pursued in response to the serious public safety issues arising from the misuse of scramblers and quad bikes. When the Department has had an opportunity to study the legal advice we should be able to give Deputy Rock a better update on timelines.

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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This is a serious issue for many of the communities affected and for the two individuals whose lives, as the Minister of State outlined, have been tragically affected by the incident in the park. Some 190 people have been injured, some severely, and there have been some deaths as a consequence of the misuse of these scramblers and quad bikes. They are a blight on many communities and areas throughout the city. That is the case for those directly affected and for those afraid to go to our parks or outside of their front doors. This is an issue affecting and blighting many communities, particularly in working-class areas and communities right across Dublin. I urge the Minister of State to take this seriously and to listen to the advice. He should also listen to the Deputies from all of the parties in this House saying this is a serious issue that needs to be considered. Some action needs to be taken before we have another unfortunate incident.

I accept the update from the Minister, via the Minister of State, in the spirit in which it is intended. It seems encouraging. I am glad to see we have some advice on the table from the Office of the Attorney General. I hope we will be able to act on that advice, bring forward something to curb the misuse of these vehicles and curb the inappropriate behaviour that we see daily and weekly. If our intention is to stand up for working-class communities and for areas that are blighted by these vehicles, then we need to act on this and act on this now. I thank the Minister of State and I look forward to updates in due course.

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Department has also reached out to a number of local community groups in the context of positive engagement fostered with local communities. Department officials are also engaging with a number of overseas jurisdictions to inform further the multi-pronged approach required to deal with the serious anti-social and dangerous behaviour associated with the misuse of these vehicles. At the previous meeting of the task force in September, local authorities agreed to log all complaints and incidents regarding scramblers and quad bikes in open spaces and parks during the week beginning 17 September. That is to attempt to gauge the appropriate scale of the issue. The outcome of that exercise will be discussed at next week's meeting of the task force.

Arising from the task force's meetings, the road safety officers of each of the Dublin-based local authorities have agreed to organise a public awareness campaign urging parents not to purchase scramblers and quad bikes as Christmas presents for minors. In addition, the Road Safety Authority has agreed to bring forward a similar safety campaign.

The Minister echoes the Deputy's request on radio this morning for parents not to buy off-road vehicles for their children as Christmas gifts.

Road safety is a shared responsibility for all road users, not just An Garda Síochána, the Road Safety Authority and other State bodies. The Minister and I urge anybody with information on this type of anti-social behaviour to contact local gardaí or the Garda confidential line on 1800 66611, a monitored freefone line that allows members of the public to contact An Garda Síochána with information of a confidential nature, or Crimestoppers on 1800 250025.

On behalf of the Minister, I acknowledge the genuine commitment of all agencies involved in endeavouring to effectively resolve the public safety concerns associated with the misuse of scramblers and quad bikes. The Minister will continue to closely monitor the cross-agency engagement. I again thank Deputy Rock for raising this matter.

3:35 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I understand Deputy Burton is on the way to the House so we will return to her matter.