Seanad debates

Wednesday, 26 January 2011

Criminal Justice (Public Order) Bill 2010: Second Stage

 

12:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

As I would like to finish it now, I will be brief.

The Labour Party recognises that the legislation stems from the Dillon case which the Minister explained and, as such, did not oppose it in the Dáil. Likewise, it will not oppose its passage in this House. The offences provided for in sections 5 and 6 relating to living off the proceeds of and organising begging are welcome.

Deputy Rabbitte raised several concerns when the Bill was taken in the Dáil. Section 2 imposes the penalty of imprisonment for one month when someone is unable to pay a fine for begging. This is contradictory to the Minister's policy in the Fines Act 2010 which the Labour Party supported. In our penal policy document, A Fair and Effective Penal System, we argued imprisonment should be preserved as a sanction of last resort. In this case, it would be more appropriate to provide for community service as an alternative punishment.

Deputy Rabbitte inquired if begging was actually on the increase as the figures showed otherwise. We all agree on the need to cover threatening behaviour and harassment while begging.

Senator McDonald asked rightly if busking was covered by the legislation. Chugging and begging for charity such as going door to door on a street are somewhat different and not covered by the Bill.

Barnardos inquired as to who would be targeted by the Bill.

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