Pat Carey (Dublin North West, Fianna Fail)
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Question 693: To ask the Minister for Justice, Equality and Law Reform the plans his Department has for the enactment of legislation to respond to the recent court judgment in relation to vagrancy, busking and begging; and if he will make a statement on the matter. [17378/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The offences referred to by the Deputy arise under section 3 of the Vagrancy (Ireland) Act 1847 and are subject to a penalty of up to one month's imprisonment. The High Court delivered its judgment recently in the case of Niall Dillon -v- The DPP. That case concerned the constitutionality of section 3 of the Vagrancy (Ireland) Act 1847. The Court held that the provision is unconstitutional. The Court's written judgement is still awaited. It will be examined when it becomes available, with a view to determining the appropriate response.

The Deputy will be aware that the Law Reform Commission in its Report on Vagrancy and related offences (LRC11-1985) examined provisions relating to the offence of begging. The recommendations of the Commission included proposals for the repeal of the entire Vagrancy Act 1847, Section 2 of the Prevention of Cruelty to Children Act 1904 and certain parts of Section 4 of the Vagrancy Act 1824. The Commission recommended that new legislative provisions should be introduced, making it an offence to beg (i) in a public place, or (ii) from house to house in a manner likely to cause fear or annoyance.

The Commission also recommended that the maximum penalty for this offence be a fine of £100 and/or one month imprisonment. The Commission's other recommendations pertained to provisions related to causing or procuring a child to beg (this aspect was addressed in the Children Act 2001) and an offence relating to those collecting for charities under the Street and House to House Collections Act 1962 who obstruct a passerby in a manner likely to cause fear or annoyance.

The Commission's recommendations will be among the matters to be considered once the judgment in the Dillon case becomes available.