Finian McGrath (Dublin North Central, Independent)
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Question 101: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will have a complaint (details supplied) treated with due attention and as a matter of urgency. [14116/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that on 9 December, 2006 two persons were observed collecting at the junction of Parnell Road and Dolphin Road in the Dublin Metropolitan Region (DMR) South Division. When approached by Gardaí they produced a collection permit issued by the Chief Superintendent, Pearse Street Garda Station authorising a collection for charity in the DMR South Central Garda Division only. The location where the persons were collecting was outside this Garda Division and was not authorised by the Local Divisional Officer.

The collectors were advised that all collections must be authorised by a collection permit issued by the Chief Superintendent for the area and that each collector must be in possession of a written authorisation issued by the permit holder. One of the collectors produced a collection authorisation form signed by himself and not by the person to whom the permit was issued, while the second person produced an unsigned collection authorisation form. They were also advised that collecting at traffic lights after dark without torches and suitable fluorescent attire was importuning traffic.

The powers provided by section 20 of the Street and House to House Collections Act, 1962, which authorises members of An Garda Síochána in certain circumstances to take all the money collected in a collection and the collection box or other receptacle in which the money is contained and all badges, emblems and other tokens used in or in connection with the collection, were then exercised, and possession was taken of the collection boxes, which were unsealed, and the bibs.

I am further informed that the persons were advised of the Garda Station to which the members of An Garda Síochána were attached and it is understood that the persons called to both Sundrive Road and Crumlin Garda Stations, where the Member in Charge explained that under the provisions of the Street and House Collections Act 1962 the members of An Garda Síochána were entitled to seize the money boxes or receptacles and bibs and that these items would not be returned as there was a prosecution pending and the items were required as evidence.

Summonses for offences contrary to section 3 of the Street and House to House Collections Act 1962 of holding a collection without a permit and acting as a collector have been applied for in respect of both persons.