Patrick Costello (Dublin South Central, Green Party)
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I raise the issue of the regulation of quad bikes and scramblers after a young toddler ended up in hospital as a result of a crash between a quad bike and a scrambler in a public area in my constituency. This is obviously a wider issue given the fact that two Deputies from different constituencies are here to speak on this issue.

Five people were killed in accidents with quads and scramblers between 2014 and 2018, three of whom were under 18. We have gone back and forth on this. A few years back, there was an inter-agency, interdepartmental working group on the matter but the Garda still struggles with enforcement. It says that it needs more powers to be able to enforce effectively the regulations on quads and scramblers which, as we are seeing, are dangerous pieces of equipment.

Another aspect is that there is little traceability or responsibility of ownership of quads and scramblers. Social media videos can speak to that. If one buys a car, another dangerous motor vehicle, there is a logbook which adds some level of traceability of ownership and level of responsibility. We need to look at legislation in this area before we see an increase in the number of people who die.

Paul McAuliffe (Dublin North West, Fianna Fail)
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I also raise the issue of the illegal use of scrambler bikes which is plaguing Dublin city and has been for some time. As Deputy Costello said, we saw the tragic incident of a young child being injured when a scrambler hit a quad bike last week. A young man died in Ballymun this month. In 2017, 62 people were injured in quad bike and scrambler accidents.

The issue is particularly bad in my constituency of Dublin North-West. In Finglas, Ballymun and many parts of Dublin, the issue is raised time and again. At every policing forum and joint policing committee, residents complain about the lack of progress and solutions.

I was delighted to see the issue included in the programme for Government because I had pushed for it. While it might have been unreasonable to expect to see it in the autumn legislative agenda announced last week, I urge the Department to prepare now to ensure that it is dealt with in the following Dáil term.

Representatives of the Garda have been clear regarding the legal ambiguities surrounding quad bikes and scramblers. They have also been honest about the challenges around enforcement.

It will not be solved by one measure alone. When I was Lord Mayor of Dublin, I set up a working group which made clear recommendations that were communicated to the Department. Those recommendations included greater education and changing the rules of evidence to allow for scramblers to be crushed and destroyed.

A priority of mine will be to ensure that these measures are progressed during the lifetime of this Government. There will be no getting rid of me on this until we have a solution. We need the legislation changed before another person is injured or killed and the communities that we represent deserve to be protected.

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputies for raising this matter. We are all aware that the irresponsible and antisocial use of scramblers and quads can cause death or serious injury, as well as wider disturbance and nuisance. The incident to which both Deputies alluded is a good example of the dangers involved. Many of these vehicles are used by minors and are provided to them by family members and others, who are also acting irresponsibly, putting the users and others at risk.

As Minister of State, I have responsibility for legislation in the area of vehicles and the area of traffic on public roads. Scrambler motorbikes and quadricycle bikes are classed as mechanically-propelled vehicles. It is an offence to supply a mechanically-propelled vehicle to anyone under the age of 16, and to supply one to a person under 17 unless it is a vehicle of a class which can legally be driven by a 16 year old. "Supply" in this context covers selling, renting, loaning, giving as a gift, or any other form of making the vehicle available to a minor.

Under road traffic legislation, the user of a scrambler or quad in a public place must have insurance, road tax and a driving licence and must also wear a helmet. There are stringent penalties under the road traffic laws for not being in compliance with these requirements. For the purposes of the Road Traffic Acts, a "public place" means any public road and 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. Road traffic legislation does not extend to private property, including municipal or other publicly-owned parks which are under the control of local authorities and subject to their bye-laws.

Enforcement of legislation is the responsibility of the Garda. If a person supplies a vehicle to a minor or uses a quad bike or scrambler in a public place without tax or insurance, or in contravention of any other law, the Garda has the legal powers to address these matters. The laws available to address the scrambler problem include not only those under my Department but also public order legislation under the Department of Justice and Equality which can be applied in parks. Local authorities have the power to introduce bye-laws to prohibit the use of vehicles in areas under their control. The unauthorised use of off-road vehicles is prohibited in certain national parks and the Minister with responsibility for rural and Gaeltacht affairs has powers to prohibit their unauthorised use.

We know that the problem of antisocial and dangerous behaviour involving scramblers and quads continues. This raises questions of how best to tackle the problem and one aspect of that is looking at whether changes to legislation would help. A working group was set up by the Department of Justice and Equality that looked at a cross-agency approach to tackling the illegal use of quad bikes and scramblers during 2019. The group includes representatives from my Department, as well as the Department of Justice and Equality, the Department of Housing, Planning and Local Government, the Department of Culture, Heritage and the Gaeltacht, the Courts Service and the Garda. One option considered related to the fact that the Road Traffic Acts apply to a "public place", a legal term which does not include a public park. As many of the problems with scramblers and quads arise in public parks, there were suggestions that redefining a public place to include a public park might help by extending certain Garda powers into parks. However, following legal advice, it became clear that this would create serious unintended consequences. The concept of a public place is fundamental to traffic law and redefining a park as a public place would mean extending a vast body of traffic law into parks with a wide range of consequent legal difficulties. It is most likely that a comprehensive solution will have to involve a range of measures including legislation, enforcement and public education, as the Deputies have outlined.

Patrick Costello (Dublin South Central, Green Party)
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I reiterate what my colleague said and remind the Minister of State that an agreement to enhance the powers available to the Garda is a part of the programme for Government. A Road Traffic (Miscellaneous Provisions) Bill appeared in the August legislative calendar to provide for a variety of road safety-related measures. It would be timely if we could include in that new Bill even something small that would enable the Garda to work and improve its response in this area.

This also seems to be an opportune time to legislate for e-scooters and it would be helpful if those things could be included in the Road Traffic (Miscellaneous Provisions) Bill.

Paul McAuliffe (Dublin North West, Fianna Fail)
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The Minister of State has done a good job in outlining many of the challenge that we face. We need to get all the Departments into a room and start looking for solutions to this problem because, as I said, there is not only one solution. The Minister of State has highlighted some of the potential solutions but the fact that there is no responsibility on parents who buy young children these bikes for Christmas or birthdays needs to be tackled. If a bike is seized by the Garda, parents can collect it the next day, or it goes out to auction and the bike is back on the street. We can end that with cross-departmental action.

There are a number of measures on which we can take strong action, including legislation and the definition of a public place. In my area of Finglas, Tesco Ireland agreed to prevent the sale of petrol to under 18s. We could challenge fuel suppliers right across the country to do the same.

I believe that a child using a scrambler bike is a matter of parental neglect and Tusla should be involved in cases where it is concerned.

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputies. As I stated, under the Road Traffic Acts, there are already comprehensive measures in place for the Garda to deal with vehicles, including scramblers, quads and similar vehicles, in public places. In addition, there are also forms of legislation which allow for dealing with them outside public places and anyone supplying them to a minor can be prosecuted. Alternatives have been considered and I understand that the working group on this matter met earlier this year and is to meet again next week to review the situation. If a viable proposal that would help us to protect the public from dangerous and improper use of these vehicles were to emerge, and it fell within my remit, I would be happy to propose the necessary legislative changes. This might involve being able to adapt some powers under traffic law to be used in parks, without the major unintended consequences which come from the redefinition of a public place.

I have to add that whatever laws are used, whether they come from the transport or justice remit or other Departments, there will always be difficulty in enforcing them. The Garda must take account of public safety and chasing scramblers or quads could put the users or bystanders at risk. This is one of the greatest difficulties with these machines and there are no easy solutions. It is most likely that a comprehensive solution will involve a range of measures, including perhaps new legislation from the Departments of Transport, Tourism and Sport or Justice and Equality in the form of public order legislation. It will also involve enforcement and public education on the purchase and use of these vehicles.