John Cregan (Limerick West, Fianna Fail)
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Question 239: To ask the Minister for Justice, Equality and Law Reform the situation following a recent court ruling on begging rules; if he will report on the situation of aggressive begging on city streets by a group (details supplied); if significant complaints have been received; if Garda action is being taken; and if he will make a statement on the matter. [18372/07]

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 judgement recently in the case of Niall Dillon -v- The DPP. That case concerned the constitutionality of the section 3, and the court held that the provision is unconstitutional. The court's written judgement is awaited and will be examined when it becomes available, with a view to deciding on the appropriate response.

The Law Reform Commission in its Report on Vagrancy and Related Offences (LRC11-1985) examined provisions relating to the offence of begging. The Commission's recommendations 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. It 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's imprisonment. Its other recommendations pertained to provisions relating 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 judgement in the Dillon case becomes available. I have requested a Garda report in relation to begging by the group referred to by the Deputy, and I will contact him when the report is to hand.