Written answers

Thursday, 16 December 2010

Department of Justice, Equality and Law Reform

Proposed Legislation

5:00 am

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Question 266: To ask the Minister for Justice and Law Reform regarding the proposed new legislation on begging; the position regarding same; the stage same is at; if it is his priority and intention to have it passed into law during the course of the life of this Dáil; and if he will make a statement on the matter. [48017/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Public Order) Bill 2010, when enacted, will provide a basis for dealing with the public order aspects of begging. The Bill has completed Committee Stage in the Dáil and is awaiting Report Stage. It will then be presented to the Seanad.

The Bill is in response to the High Court's judgement in Dillon v. The DPP. The Court held that the legislation previously used, namely, section 3 of the Vagrancy (Ireland) Act 1847, was unconstitutional.

The Bill creates an offence of begging and, in addition, it gives the Gardaí important new powers to direct persons who are begging to desist and to move on from the area. These powers may be exercised at a variety of locations, including in the vicinity of ATMs, vending machines, entrances to private dwellings and business premises.

I am pleased to say that arising from amendments brought by me and accepted at Committee Stage, the Bill now also includes new offences relating to organised begging. Penalties of up to five years imprisonment are proposed.

I am aware of the importance of this Bill and of the concerns expressed by traders and others about begging. I am therefore very keen to have the legislation enacted without delay.

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