Written answers
Tuesday, 8 November 2016
Department of Justice and Equality
Legislative Measures
Noel Grealish (Galway West, Independent)
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85. To ask the Minister for Justice and Equality if there is legislation in place to limit or prevent begging or harassment in public places; and if she will make a statement on the matter. [33367/16]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The law on begging is set out in the Public Order Act 2011. The Act defines begging as requesting or soliciting money or goods other than in accordance with a licence, permit or authorisation.
Section 2 of the Act provides that it is an offence while begging in any place to harass, intimidate, assault or threaten any other person or persons, or obstruct the passage of persons or vehicles. A person who commits such an offence is liable, on summary conviction, to a fine of up to €500 or imprisonment for a term of up to one month or both.
Section 3 of the Act gives the Garda Síochána the power to direct persons begging in any place in a manner that constitutes an offence under section 2 to desist and leave the vicinity in a peaceable and orderly manner. This section also specifically includes begging at certain places such as at or near entrances to business premises, ATM machines or vending machines. A person who contravenes a direction under this section is guilty of an offence and is liable, on summary conviction, to a fine of up to €500.
Section 4 of the Act gives the Garda Síochána powers of arrest without warrant where there are reasonable grounds to believe that an offence under this legislation has been committed.
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