Dáil Éireann Debate, Thursday - 1 December 2016
132. Deputy Martin Heydon asked the Tánaiste and Minister for Justice and Equality the powers under legislation that an An Garda Síochána has to deal with begging on streets; and if she will make a statement on the matter. [38273/16]
View answerThe law on begging is set out in the Criminal Justice (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 any person who is begging in any place or acting 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, vending machines or night safes. 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 has been committed under section 2 or 3 of the Act.
