asked the Minister for Justice if he is aware that loitering has become a serious problem in many parts of Dublin; that it is a source of great annoyance to many people especially those whose home or business is adjacent to where loitering takes place; that loitering is very frequently a prelude to a more serious offence; if, in the circumstances he will outline the Garda policy in relation to prosecuting for loitering; if he intends to introduce more severe penalties for loitering; and if he will make a statement on the matter.
Written Answers - Garda Policy on Loitering.
104.
I would refer the Deputy to my reply to Question No. 15 of 10 December 1987 in which I drew attention to the fact that the statutory offence of loitering with intent to commit a felony has been held to be inconsistent with the Constitution. I also indicated in that reply that the report of the Law Reform Commission on Vagrancy and Related Offences includes a recommendation to the effect that no new general loitering with intent offence should be enacted. This report is being examined in my Department as expeditiously as resources permit and any legislative proposals which may arise from it will be announced in the normal way.
I have been informed by the Garda authorities that, while they are aware that loitering can be a source of annoyance and, in some cases, a prelude to the commission of an offence, it is not thought to be a serious problem in that it can be contained by diligent Garda patrolling. The Garda take appropriate action, including the institution of criminal proceedings, where a breach of the peace or other such offence is detected.