Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I thank Senator Fitzpatrick for raising this important matter. I know she has been working on it for many years with Oireachtas colleagues.

As the Senator is aware, the Road Traffic and Roads Act 2023 was signed into law by the President on 23 June last. This is wide-ranging legislation that introduces enforceable variable speed limits. It creates a new public body, namely, Zero Emissions Vehicles Ireland. It also introduces a new vehicle category of powered personal transporter to allow for the legal use of e-scooters on our roads. Furthermore, the Act allows for increased use of cameras to inform road safety and changes to the planning system to assist the roll-out of BusConnects.

To date, there have been two commencement orders signed into law, with work ongoing on preparing the remaining commencement orders and the regulations associated with these. One of the Act's provisions relates to increased enforcement regarding antisocial behaviour, such as the use of scramblers on the streets of our towns and cities. Senators will be aware that the use of scramblers and quad bikes has been a long-term and complex problem. Addressing it involves legislation coming under the remit of the Minister for Transport and also community initiatives under the remit of the Minister for Justice.

The 2023 Act provides the necessary tools to members of An Garda Síochána to tackle this issue. Specifically, there are three measures in the Act to address the matter of antisocial scrambler use. Under section 5(k), dangerous driving has become an offence everywhere. Previously, it only applied to public places. The new provision extends the right of An Garda Síochána to seize a vehicle being driven in a dangerous manner on private lands, for example.

Under section 5(p), An Garda Síóchána also has increased powers of seizure where a garda reasonably believes that a vehicle has been or is likely to be driven in a manner that is dangerous. They can require the driver to stop using the vehicle, to provide their name, address and date of birth and the vehicle can be seized. The final provision relating to antisocial use of scramblers is contained in section 11 (b), which creates a new power to prohibit or restrict the use of certain types of vehicles in particular places.

I am pleased to inform the Senator that a commencement order was signed into law on 31 July 2023, giving effect to all of these provisions and empowering An Garda Síochána to seize scramblers being driven in any place. Officials in the Department are now working on consulting with the relevant road safety stakeholders, including in the context of preparing a regulation under section 11 (b). It is important that these regulations have the desired effect, and that the correct areas and territories are targeted. I hope this response gives assurance and provides clarity to the Senator regarding the enforcement of road safety legislation and addressing the issue of antisocial scrambler use