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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Scrambler antisocial behaviour

Summary

Mary Lou McDonald raised the death of Grace Lynch and the long-running terror caused by scramblers in Finglas, Cabra and inner-city areas. The Taoiseach backed tougher enforcement, seizure and destruction powers, and said Gardaí would intensify action, while McDonald said it was not enough.

Last Friday, the community in Finglas came together for Grace Lynch's funeral, to mourn her, to remember her, to stand by her devastated family, and to say clearly that the days of their neighbourhood being terrorised are over. It is hard to describe the convulsion of grief in Finglas that day - a family utterly bereft and the sobs of young people.

Finglas is just one of the communities that have been terrified, harassed and intimidated for years now by those using scramblers for antisocial behaviour and criminal activity. Finglas is just one of the neighbourhoods that have, literally, been terrorised by people on scramblers threatening residents and feeling they could do what they want when they want. Stories of gardaí being taunted by hoods on scramblers are all too common. It happens because they know that the gardaí have their hands tied behind their backs, powerless to stop and apprehend scramblers even as they pose such a threat and danger to people.

Fianna Fáil and Fine Gael in government have failed to act, failed to get a grip on what was a very evident and worsening problem for our communities across Dublin and beyond. It is unforgivable that it took the death of Grace Lynch for the Government to sign the regulation to give the Garda the power to get scramblers off our streets and out of our communities. In fact, it sat there gathering dust for more than two years, even as communities continued to endure the scourge of scramblers. The Tánaiste himself has admitted that he cannot give a satisfactory explanation as to why this happened. I wonder whether the Taoiseach can.

I really hope the new regulation brought to Cabinet today will be some small comfort to Grace's heartbroken parents and to her community. I sincerely hope that today genuinely marks the start of the change that is so desperately required. I hope this is the start of the Government getting its act together and really taking the fight to those who are using scramblers to make life a misery for so many. However, law and regulations on their own will mean nothing if they are not backed up by enforcement. It is all well and good having laws and regulations and making promises, but if gardaí on the ground do not have the tools they need to get the job done, then we are at nothing. Speaking this morning, the Minister of State, Deputy Canney, was very unclear as to how all of this would be enforced. He was unable to answer or clarify even the most basic of matters. He was unable to articulate what difference these laws and regulations will make.

We need this clarity now from the Taoiseach today on the floor of the Dáil.

Will he specifically outline what additional resources, equipment and specialist training the Garda will be given to enforce the law and get these scramblers off our streets? Will he specifically answer what new powers the Garda will be given to successfully pursue and apprehend scramblers? What new power will the Garda have to seize and destroy scramblers? When will the urgently needed code of practice be in place to allow the Garda to use drones in the fight against scramblers? The public and communities need answers. A law without enforcement and resources will not work. We know the real test of these laws will not be found in announcements and promises but in the difference they make on our streets, in our communities and in the lives of those who have been plagued by scramblers.

Comment on this

Without question, the criminal and antisocial behaviour of many in certain communities in our capital city and certain other locations is absolutely unacceptable. Every single resource will be made available to An Garda Síochána to deal with those who are breaking the law on an ongoing basis. Gardaí have the powers and do not have their hands tied behind their backs, actually. They have significant powers. The Garda Commissioner has confirmed with the Minister for justice his intention to take intensive action in specific locations where there have been repeated breaches of the law and dangerous use of scramblers.

There is already a body of legislation in respect of scramblers and other vehicles. The majority of scramblers are illegal in terms of their use on public roads, particularly those that are not taxed and do not have a licence. The Garda has powers to dispose of a seized vehicle six weeks after the date of detention. However, the 2023 Act was introduced because a number of Deputies, particularly Deputies McAuliffe and Lahart on the Government side, asked us to bring in further measures. As a result of the 2023 Act, and the sections that were commenced in that Act, it became an offence to drive dangerously in any location, not just in public places, which had been the case prior to the 2023 Act. The Garda has the power as a result of the 2023 Act to seize vehicles being driven dangerously. The third aspect is that the Minister for Transport can make regulations to restrict certain vehicles or classes of vehicles in particular locations. The Minister has today brought a memorandum to Government and received sanction to bring in regulations that would give effect to that measure, irrespective of whether the vehicles are licensed or not, or whatever status they have. They will simply be banned. That will significantly enhance the Garda capacity to take these out of operation both in public parks and on public roads.

Fundamentally, these off-the-road scramblers are no longer just illegal for use in public places. It is illegal to drive them anywhere dangerously, even on private land. The Garda has full powers to seize a scrambler being driven dangerously. The Minister is going to give additional powers to not just seize and confiscate but also to destroy seized scramblers, to reduce the number of seized vehicles that could potentially end up back on our roads. This is a singular, focused approach to the commencement of these regulations. It is important that we give every power possible to the Garda to deal with this scourge that is particularly manifest in certain locations and communities by certain individuals. The Government will spare no effort in that. In addition, the Government will bring in regulations in respect of e-scooters, e-bicycles and so on to ensure there is greater protection. These will be preliminary measures in respect of e-scooters, potentially looking at further regulations thereafter.

Comment on this

Deputy Ellis first raised this in 2011 or 2012.

It was a problem then and, in the years that have followed, it has gotten worse and worse. I do not know whether the Taoiseach has any exposure to scramblers and this happening in his community and neighbourhood, but I do. It happens in Cabra and in the inner city, too. It is terrifying.

It is now too late for Grace Lynch, aged 16. Her life is gone. Unless there is enforcement - aggressive, rigorous enforcement - we run the serious risk of losing more lives, and that simply cannot happen. I asked the Taoiseach to specify what additional resources and capacity to pursue these offenders, such as any training or the use of drones, will be put in place. These are some of the essential elements. I ask the Taoiseach to please reassure people that he understands that enforcement has not been adequate and that he needs to fix that.

Comment on this

It is too late for Grace Lynch. It is absolutely shocking and extremely traumatic for the family and friends of Grace that what happened last week happened in the manner that it happened. What is essential is that every possible dimension of law is brought into being to prevent this insofar as we can in terms of human behaviour. The reckless use of scramblers by people in public parks and on public roads is something we simply have to stamp out.

The significant additional power is not the power to seize, which already exists, but to destroy scramblers that are seized.

Comment on this

How are they going to-----

Comment on this

There is also a very clear message, irrespective of whether a person has a licence. We must remember that the bulk of scramblers that are driven in this particular manner are illegal because they do not have any regulatory governance or licences. The drivers do not bother taking out tax. Those scramblers are illegal.

With regard to hot pursuit, that is a Garda policy issue but the Commissioner is clear that there will be very intensive action on that front.

Comment on this

That is not good enough.

Comment on this