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Road Safety

Dáil Éireann Debate, Thursday - 29 November 2018

Thursday, 29 November 2018

Questions (9)

John Curran

Question:

9. Deputy John Curran asked the Minister for Justice and Equality the progress being made by the cross-agency group on the illegal use of scramblers and quad bikes; the outcome of this engagement; the steps that will be taken as a result of the meetings; and if he will make a statement on the matter. [49585/18]

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Oral answers (8 contributions)

The illegal and dangerous use of quad bikes and scramblers in parks, open areas and housing estates continues to be a problem. I acknowledge that the Minister, Deputy Flanagan, is the first and only Minister in the lifetime of this Dáil to address the issue in a serious manner by organising an interdepartmental and cross-agency approach to dealing with it. Could the Minister update the House on the progress that is being made on foot of the approach being taken?

I acknowledge the continued interest of the Deputy in this issue. He was the first to raise the matter and he never loses an opportunity to raise what is an important issue to him and to many other Deputies, as well as to me.

The illegal use of quad bikes and scramblers gives rise to public safety concerns affecting a significant number of local communities.

I have asked my officials to convene cross-agency consultations to ascertain whether there are additional legislative or other solutions which can assist in dealing with the misuse of these vehicles comprehensively. It is important we determine responsibility and timeframes for the implementation of solutions identified. This process began in April and involved the Departments of Justice and Equality, Transport, Tourism and Sport, Housing, Planning and Local Government and Culture, Heritage and the Gaeltacht, as well as An Garda Síochána, the Road Safety Authority, the Revenue Commissioners and representatives of local authorities. The misuse of scramblers in public parks was a particular point of focus for these consultations.

Following this engagement, legislation was brought to the attention of the Office of the Attorney General to determine whether any legislative amendments were necessary to assist in curbing activity insofar as scramblers and quad bikes are concerned without giving rise to any unintended consequences. My Department has now received formal legal advice from the Office of the Attorney General. The advice is comprehensive in nature and is now being carefully considered by my officials, together with the Department of Transport, Tourism and Sport in the context of its responsibility for road traffic legislation. It will be necessary to consult again with other relevant Departments and public bodies via the cross-agency forum established by my Department. A further meeting will take place this week.

I thank the Minister for his reply. When I met Councillor Charlie O'Connor, a former Deputy and a colleague of Deputy Lahart, recently, he told me of the issues people are facing in Kingswood, Tallaght. I also spoke with another colleague, Councillor Paul McAuliffe, who informed me of the same issue in Ballymun. This is not, first and foremost, a problem particular to any one area. It is widespread across Dublin and, I suspect, other parts of the country. Often in the debate, my concern is that we only talk about our parks and open places but it is also happening on public roads and in private housing estates. Elderly people are afraid to go out of their houses when these quads and scramblers are on the roads. Parents are afraid let their children out. During the summer, we had a tragic case in one park where a person was hit. Much of the focus has been on this activity in parks but it is equally a nuisance and a danger to people in housing estates.

I am acutely aware of the case of Ilabek Avetian. I extend my sympathies to his wife, Anzhela Kotsinian, and to their families. That tragic incident all too sadly highlights how the misuse of scramblers and quad bikes can cause real damage to people, their families and communities.

I am committed to actively supporting any positive action in respect of this matter. I have received legal advice from the Attorney General and I am committing it to some study. I have been informed by the Department of Transport, Tourism and Sport that it is also engaged in seeing how best we can deal with this issue.

The use of quad bikes and scramblers in public parks and open spaces is strictly prohibited by local authorities under the 2011 parks and open spaces by-laws. Insofar as national parks are concerned, the Minister for Culture, Heritage and the Gaeltacht has legislative powers to prohibit the unauthorised use of off-road vehicles in them. There is a cross-departmental remit. I am keen to liaise with Deputies Curran and Lahart, as well as Councillor Charlie O’Connor, on this matter. It is complex but that should not mean that it is not urgent and important.

I thank the Minister for his reply. Quad bikes and scramblers are dangerous and a nuisance and their use is illegal. I regularly attend joint policing committee meetings where the Garda has clearly indicated that the crux of the problem is that it cannot enforce road traffic laws. Gardaí are not physically in a position to stop quads and scramblers. Whether on the roads or in the parks, the same physical challenges are there. It is both dangerous for gardaí and those on the quads and scramblers.

We need to look at the issue in a different way. For example, we need to look at the regulations and legislation concerning the registration and ownership of these vehicles. We also must look at how these vehicles can be seized after an event on intelligence led information. In cases where the Garda and people in an estate know who are using these vehicles, we must ensure follow-up operations can take place without jeopardising and putting at risk the life and safety of either gardaí or those who are illegally using them.

I thank my colleague Deputy Curran for raising this issue and the Minister for dealing with it.

Deputy Curran mentioned Kingswood in my constituency. That would be only one of a number affected by the use of quad bikes and scramblers, however. In Killinarden, one resident described 99% of the open space designated for public use in that estate being destroyed by 1% of the local community.

An issue arose during the snow earlier in the year. I refer to the incident at Lidl in Jobstown. The Garda in Tallaght has only one four-by-four vehicle. If a garda rocks up in a Ford Focus to deal with somebody on a scrambler or a quad bike, he or she simply has no capacity to catch that individual. There is a resource issue involved too.

I welcome the information the Minister supplied regarding a cross-departmental approach and local authorities being involved. There needs to be a promotion of available space for people to engage in scrambling. Both our constituencies are close to the Dublin Mountains where there are opportunities for legal scrambling and the legal use of these vehicles. Local young people should be encouraged to move in that direction.

I thank the Minister for his continued interest in this issue.

Will the Minister give his reply as quickly as possible?

I do not want to be repetitive. In any event, the Acting Chairman will not let me.

I acknowledge the importance of the cross-departmental and cross-agency group. In the lead-up to Christmas, people will be buying quad bikes and scramblers as presents. These are mechanically propelled vehicles within the meaning of road traffic legislation. As such, irrespective of the engine capacity, the user of a scrambler motorbike, a quad bike or a vehicle of a similar type in a public place must have motor tax, an insurance policy and a driving licence and must wear a helmet. There are severe penalties under the road traffic laws, such as fixed-charge notices, penalty points, fines and possible seizures of the vehicles. The Garda will make every effort to ensure that the existing law is firmly complied with. In the meantime, the cross-departmental group will meet this week with a view towards dealing with this issue in an overall comprehensive way which will involve several agencies and Departments. I am happy to keep the House further informed about this matter.

Question No. 10 replied to with Written Answers
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