Kathleen Lynch (Cork North Central, Labour)
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Question 630: To ask the Minister for Justice, Equality and Law Reform the position following the Dillon versus the Director of Public Prosecutions ruling on begging; the impact this will have on the ability of the Gardaí to deal with the problem; the action being taken to tackle the practice among some parents using their children for this purpose; and if he will make a statement on the matter. [3326/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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My Department is currently examining the High Court judgement in Dillon v. DPP with a view to bringing forward proposals to address the issues arising from the judgement. I would point out that although the High Court found section 3 of the Vagrancy (Ireland) Act 1847 to be unconstitutional, other statutory provisions continue to apply. For example, individuals who engage in begging in a public place in a manner likely to cause fear or annoyance or who obstruct the free passage of or harass any person or who fail to comply with the direction of a Garda are liable to prosecution under the Criminal Justice (Public Order) Act 1994 or the Non-Fatal Offences Against the Person Act 1997 for obstruction, disorderly conduct, harassment etc. I would add that the High Court's judgement in Dillon does not affect the operation of section 247 of the Children Act 2001; that section relates to cases where children are procured for the purpose of or are allowed to engage in begging.