Public Order Offences

Dáil Éireann Debate, Tuesday - 30 April 2013

Tuesday, 30 April 2013

Questions (435)

Pearse Doherty

Question:

435. Deputy Pearse Doherty asked the Minister for Justice and Equality his plans to introduce an amendment to the Criminal Justice (Public Order) 2011 Act following the ruling in the cases (details supplied) which imposes a requirement on An Garda Síochána to establish that begging is taking place without legal authorisation before an arrest can be made, and in the case of foreign nationals, this requirement makes the legislation unworkable if a translator is required; and if he will make a statement on the matter. [20023/13]

Written answers

Minister for Justice and Equality

I should say at the outset that the judgment of White J. in the DPP v Rostas & Anor relates to the conduct of prosecutions for offences under the Criminal Justice (Public Order) Act 2011, rather than the arrest of persons under the Act. A member of An Garda Síochána may continue to arrest a person whom he or she suspects, on reasonable grounds, or having committed an offence under sections 2 or 3 of the Act.

Having said that, my Department is in the process of preparing an amendment to the Criminal Justice (Public Order) Act 2011 that would reverse the burden of proof in relation to this issue and I would hope to be in a position to bring forward that amendment in the near future.