Joy-riding and sales of old cars
Rabbitte links the fatal Clare crash to young people acquiring cheap, unroadworthy cars and says the Government previously rejected legislation addressing their sale. The Tánaiste expresses sympathy, says existing law prohibits the driving, and agrees to discuss criminal penalties or fines for selling such cars to minors.
I join Deputy Kenny in wishing the Government well in the events in Northern Ireland, which have not yet concluded. We look forward to having the opportunity at the earliest possible time to debate what has transpired when there is more clarity.
I refer the Tánaiste to the tragic events in recent days in respect of the phenomenon known as "joy-riding". I refer in particular to the irresponsible and dangerous use of cars by young people and the tragic events in County Clare at the weekend where two young girls were killed in a car said to be more than 20 years old, which apparently had been purchased by the driver for €150. In a separate development, court proceedings began yesterday in respect of the deaths of two gardaí who were killed while trying to protect the public from a stolen car on the Stillorgan Road.
Does the Tánaiste recall that on two occasions in recent years, in April 2000 and April 2002, the Government parties voted down the Bill introduced in this House on behalf of the Labour Party by Deputy Broughan that would have at least dealt with some of the major aspects of this so-called joy-riding phenomenon? This Bill would have strengthened the law and in particular made it an offence "to supply a vehicle to an under-age person in such circumstances as to give reasonable apprehension that that vehicle will be used by an under-age person in a public place."
Does the Tánaiste now accept it was a mistake for the two Government parties on no less than two occasions to vote down Deputy Broughan's Bill? Whereas we can never be certain that the tragedy that happened at the weekend could have been averted, it is possible that it might have been. If the Labour Party now re-introduces that Bill, will the Government support it? If the Government refuses to support it, when will it introduce its own measures to tackle a phenomenon that haunts many communities in parts of this city and in parts of the country?
Comment on this
I express my sympathy to the families of the individuals who lost their lives so tragically at the weekend in what the Deputy said is broadly called "joy-riding". It is fair to say the Government would always be open to any legislative measures or any penalties that would prevent this happening. However, we would all acknowledge that no law in the world could stop many of the things we would all like to see prevented. I understand that the Garda authorities have indicated they have adequate legislative powers in this regard. There have been ongoing negotiations on the implementation of an EU directive on the return of what are called "scrap cars". This is obviously a matter for the Minister for Transport.
While I cannot recall when the Labour Party introduced its Bill, if it were the case that any law could prevent this from happening, that party would be pushing an open door as far as the Government is concerned. However, the issue is much more complex. It is a question perhaps of enforcing the current law before we go down the road of introducing new laws in this area.
Comment on this
I regret to say that the Tánaiste seems to be out of touch with this phenomenon, which is a problem in the constituency she now represents and in the one she represented until recently. The Government voted down the Labour Party Bill in April 2000 and in April 2002. It is not a fact that there is adequate legislation. The acquisition of company cars by young people for €100 or €150 is a major cause of the problem. In this case the car, which was more than 20 years old, was acquired for €150. Deputy Broughan's Bill would have dealt with this and would have made it an offence to sell that type of car to such a young person as well as dealing with a number of other matters.
Is the Tánaiste aware that the previous Minister for the Environment, Heritage and Local Government, Deputy Noel Dempsey, promised to give effect by April 2002 to mandatory regulations to provide for the safe disposal of end-of-life vehicles? For some reason, although his commitment was that it would be signed into law in April 2002, this still has not happened.
If Deputy Broughan re-enters the Bill, can we have agreement in the House that it will pass Second Stage to allow it to proceed to Committee Stage in order that we may address a phenomenon that scourges law-abiding citizens in many parts of this city and country—
Comment on this
As the Deputy is aware, this matter arises in the context of the implementation in Ireland of an EU directive. I understand that there are ongoing discussions or that negotiations have not been completed on how these abandoned or scrapped cars are to be taken out of circulation. This has been an issue for years and there is no point in people assuming that if we do something overnight—
Comment on this
I wish it were that straightforward. It is illegal for someone in the circumstances outlined to drive a vehicle. That is the law. Unfortunately, the fact that it is illegal does not prevent it from happening.
Regarding the specific issue Deputy Rabbitte raised, I will discuss with my colleagues in Government who have responsibility for this area the possibility of making it a criminal offence to sell such cars to under age individuals, which is what the Deputy suggested, or the imposition of a fine on those who do so.