Mary Fitzpatrick (Fianna Fail)
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I thank the Minister of State, Deputy Chambers, for coming to the Seanad today to respond to my Commencement matter, which is looking for an update on the commencement of the amendments to the Road Traffic and Roads Bill 2021. The Bill was passed in the Seanad in May 2023 and signed into law by the President in June 2023. The amendments to the Act seek to make our roads and public spaces safer and to tackle the scourge of the illegal and irresponsible use of motorbikes, quads and scramblers on public streets and in all shared spaces.

I come from Dublin Central and the Minister of State represents Dublin West. He knows that if we went to our constituencies right now, it would not be difficult to find irresponsible and illegal use of vehicles, including motor vehicles, quads, scramblers and motorbikes. Increasingly, those who are irresponsibly using the quads and motorbikes are of an age where they really need better supervision and support. Most importantly, our gardaí on the beat right across the city, county and country require amendments to the law to give them the power to make our roads and public spaces safer, and to remove from our public spaces and roads the irresponsible and illegal use of quads, motorbikes and scramblers. Specifically, the amendments would give powers to the gardaí to stop those who are using vehicles irresponsibly and to obtain their name, address, driving licence and date of birth. The amendments would give the gardaí the powers to ask the driver or operator of the vehicle to dismount or exit the vehicle. He or she could even be asked to leave the location in which they have been operating the vehicle. Most importantly, the amendments would give the gardaí the powers to enter a property where they believe vehicles are being kept or stored for illegal or irresponsible use. The amendments also create a penalty for such offences, including a fine of up to €5,000 or six months' imprisonment. These amendments give gardaí the right not only to seize vehicles, but also to keep them. If, after a period of time, the vehicles are not responsibly claimed and it is not possible for the owners to demonstrate that they will be responsibly managed, they can be disposed of and destroyed.

These are very important powers that we are aiming to give to our gardaí to tackle the scourge of illegal and irresponsible use of quads, scramblers and motorbikes in our public spaces. It is something that we, as a party, sought to have included in the programme for Government. We were glad to see it included. I commend the Minister of State and my colleagues in the Dáil, Deputies McAuliffe and Lahart, on their work on this. Like the Minister of State and the Deputies, I am aware that in the Cabra Community Policing Forum, the Finglas Safety Forum and in community forums right across the city and in other parts of the country, communities have asked the Government and politicians to help our gardaí to tackle and remove the scourge of illegal and irresponsible use of quads, motorbikes and vehicles. They want safe streets, parks and public spaces. They want our young people to be protected from such activity. I hope the Minister of State can give the House an update on the enactment of these amendments to the road traffic legislation and how the powers are being used by An Garda Síochána.

Jack Chambers (Dublin West, Fianna Fail)
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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

Mary Fitzpatrick (Fianna Fail)
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Go raibh maith agat, a Aire. It is indeed welcome, not just to this House, but to communities and families across the city and, indeed, the country to know that this Government has enacted new laws giving new powers to An Garda Síochána to tackle the issue and seize and destroy vehicles that are being used in an antisocial manner.

It is really important that dangerous driving has become an offence everywhere, not just in public places, and that gardaí have increased powers of seizure. This is a significant step forward to tackle the antisocial use of scramblers. The power to prohibit or restrict the use of certain types of vehicles in particular places is also very welcome.

I want commend the Minister of State on the work he is doing to improve road safety for all users of our roads. The fact that these amendments now give powers to gardaí to seize scramblers and take direct and positive action is welcomed by my community and other communities across the country. I would appreciate if the Minister would update the House on the timeline for the introduction of the regulations under section 11 (b).

Jack Chambers (Dublin West, Fianna Fail)
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I thank Senator Fitzpatrick for her wider advocacy on this very important issue for many urban areas across Dublin and elsewhere. I am also glad of the opportunity to clarify the enforcement of road safety legislation regarding scramblers. The Road Traffic and Roads Act 2023 is wide-ranging and has important implications in a number of areas. The Government agrees that the antisocial use of scramblers is an important issue. This is why we are glad to report to Senators today that provisions in the Act that empower members of an Garda Síochána to address this problem were commenced in July. As a result, dangerous driving is now an offence everywhere. This change empowers a member of an Garda Síochána to seize a vehicle being driven dangerously, even on private land. There are also increased powers of seizure where a member reasonably believes that a vehicle is being or is likely to be driven in a manner that is dangerous. This includes whether it is being driven in a manner that is dangerous to the driver. The vehicle can be seized.

The Act creates the power to restrict the use of certain types of vehicle such as scramblers in particular places. I am informed that officials in the Department of Transport are working closely with their road safety partners on these regulations in order to ensure they have the desired effect. It is anticipated that regulations under section 11(b) will be in place towards the end of November and, importantly, before Christmas, when there is typically an increase in the use of vehicles such as scramblers and quad bikes.

The introduction of these provisions will be a further enhancement of the enforcement powers of an Garda Síochána under the provisions already commenced. They now have the powers required to deal with many issues of antisocial scrambler use. From canvassing in my area last week, and as the evenings are starting to get darker again, I am seeing that uptick in complaints from residents about the wide-ranging issues of scramblers. The legislation will help the Garda to address this over the coming period. I thank the Senator for raising this issue.

Martin Conway (Fine Gael)
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I thank the Minister of State, and I thank Senator Fitzpatrick for raising that very important issue.