Dáil Éireann debate -
Thursday, 8 Jun 1995

Vol. 454 No. 2

Written Answers. - Begging Offences.

Helen Keogh

Question:

14 Ms Keogh asked the Minister for Justice the powers the Garda Síochána have in relation to stopping the practice of allowing the children of itinerant families to beg on the streets; and if she will make a statement on the matter. [10423/95]

Minister for Justice (Mrs. Owen)

First of all, I should state that the law or the gardaí in the enforcement of the law do not distinguish between the children of traveller families and other families, nor should it.

The gardaí have power to deal with begging under a number of legislative provisions. Under section 3 of the Vagrancy Act, 1847, every person begging, or placing himself in any public place, street, highway, court or passage to beg, or causing or procuring or encouraging any child or children to do so, is guilty of an offence. Under section 4 of the Act, the gardaí can take into custody any person whom they find offending against the Act.

Under section 14 of the Children Act, 1908, if any person causes or procures any child or young person, or having the custody, charge or care of a child or young person, allows that child or young person to be in any street, premises, or place for the purposes of begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwiseshall be guilty of an offence.

If a person having the custody, charge or care of a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises, or place for any such purpose as previously stated, and that the person charged allowed the child or young person to be in the street, premises, or place, he shall be presumed to have allowed the child to be in the street, premises, or place for that purpose unless the contrary is proved.

Under section 19 of the Act, any Garda may take into custody, without warrant, any person who within view of the Garda commits an offence under Part II of the Act, or any of the offences mentioned in the First Schedule of the Act, or any of the offences mentioned in the First Schedule to the Act, where the name and residence of such person are unknown to the Garda and cannot be ascertained by the Garda.