COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 14, 2020
MOTION NO. 11
MOTION: Councillor L. Dunne
That Council calls on the Government to: -Bring forward as a matter of urgency amending legislation to give the Gardaí powers to seize and detain quad bikes and scramblers motorcycles when been used unlawfully or in a dangerous or reckless manner. -Extend the relevant legal definition of public place to include public parks, green spaces in estates, public recreational areas and sporting grounds under the ownership of local authorities or clubs. -Ensure that Gardaí are provided with the necessary resources and training to follow and apprehend those using quad bikes and scramblers unlawfully. -Extend the National Vehicle Database to provide for the compulsory registration of all quad bikes and scramblers -Conduct a review of practices in other jurisdictions which result in the police performing a controlled stop on those illegally riding motorcycles and scramblers. -Introduce as a standard operational practice the successful pilot scheme rolled out in Finglas in 2019, which resulted in the seizure of over 40 motorcycles and scramblers which were being used illegally on the roads. -Put in place a campaign to highlight the dangers of scramblers and quads, when driven recklessly or in public places. -Run an effective public awareness campaign in the run-up to Christmas to discourage the purchase of such vehicles for children and young people. -Encourage local authorities to explore the feasibility of providing suitable spaces for the use of registered quads and scramblers in a safe, controlled and responsible manner.
REPORT:
In 2017 South Dublin County Council convened a taskforce consisting of SDCC, Dublin City Council, Fingal County Council, Dept of Justice, An Garda Siochana, the Road Safety Authority and Motocross Ireland to examine the issue of scramblers being driven in public parks and open spaces. Some of the issues which arose at meetings of the task force in 2017 and 2018 were that the Gardai do not currently have the power to pursue scrambler bikes, to stop them, to impound them, to pursue them to other locations and to question the owners and drivers about their movements. It was felt that these issues needed to be addressed by new legislation. Equally the Council has been unable to date to identify the drivers of these vehicles and to hold them responsible for damage caused to parks and open spaces. SDCC has contacted the Department of Justice seeking an update on the current position which will be provided to Members when received.
In parallel to the Council’s taskforce the Government put in place a cross departmental group to examine the issues at hand and in particular to examine the legal position with regard to existing legislation, with the assistance of the Attorney General’s Office. The legal advice provided by the Office of the Attorney General indicated that, in the main, current road traffic and public order legislation appears to provide sufficient means to police this issue. This view is shared by both the Department of Justice and the Department of Transport, Tourism and Sport. The Department of Justice reconvened the cross-agency group in March to discuss this legal advice with members of An Garda Síochána (AGS); meeting with the Garda National Roads Policing Bureau (GNRPB), the Dublin Metropolitan Region (Tallaght District) and the Youth Diversion, Community Engagement & Public Safety Bureau and the general consensus was that new legislative powers are not required. In the absence of a need for new legislation, it is envisaged that an effective response to this anti-social behaviour will be informed by a combination of targeted enforcement measures, awareness raising, and youth engagement programmes. These measures will be progressed in conjunction with the relevant Departments and agencies. We have been assured by the Dept of Justice that both ministers and the Garda Commissioner remain committed to finding a workable solution to this problem and in this regard we have been informed that there have been some recent seizures/prosecutions under the Road Traffic Acts which included siezures of scramblers in a public park.
The council continues to liaise with the Department of Justice and has provided them with background information and data to assist them in formulating a response. We recently met a local garda Superintendent, who is agreeable to using whatever powers are currently at his disposal to deter scrambler use, SDCC will fully co-operate with these initiatives and have agreed to further meetings and support in this regard.
In addition to the work of the taskforce as outlined above the Council is nearing completion of a programme of boundary improvement works at locations where scramblers, quad bikes and stolen cars were gaining access to public parks. Substantial boundary improvement works have been carried out at Bancroft Park, Butler McGee Park, Jobstown Park, Tymon Park/Basketball Arena Road and at Dodder Valley Park. The construction of a reinforced concrete wall at the boundary of Killinarden Park and Knockmore Crescent and Drive has recently been completed, while the construction of a similar wall at St Cuthbert’s Park is currently underway.
In September 2020, the Minister for Justice responded to Dáil Quesion No. 744, which sets out the Government position with regard to possible legislative changes to address the issue of Quads and Scramblers. https://www.oireachtas.ie/en/debates/question/2020-09-29/744/
Also in September 2020, the Minister for Transport responded to Dáil Question No. 257, https://www.oireachtas.ie/en/debates/question/2020-09-29/257/
The Council supports An Garda Síochána's and the Road Safety Authority's Christmas public awareness campaign to highlight the dangers quad bikes and scramblers pose to children. www.rsa.ie