More detail sought on Garda powers to  stop scramblers

Politicians have called for more detail on planned Government legislation clamping down on the use of scramblers and quad bikes.

Local politicians who have been clamouring for years for action on scramblers and quad bikes have welcomed planned Government legislation.

But some have called for more detail of what’s proposed, including whether there will be any provisions regarding gardaí “actively stopping” scramblers while being used, and have raised questions over the likely introduction and enactment of the legislation.

The Government said there were three specific new measures to enable gardaí respond to the problem:

• Use of scramblers, quad bikes and other motorised bikes will be specifically banned on public land, covering parks, green areas as well as beaches (private lands too, unless the owner gives permission);
• Gardaí will have the power to detain the vehicles on public lands (and private land if the landowner hasn’t given permission);
• Gardaí can apply to the court for a warrant to enter a home and remove a vehicle they suspect has been used in this way.

The proposals were announced by Transport Minister Eamon Ryan this week and follow years of efforts by politicians in various political parties to address the problem.

The Department of Transport said the proposals will be contained in amendments to the forthcoming Road Traffic (Miscellaneous Provisions) Bill.

One of those, Fianna Fáil’s John Lahart, representing Dublin South West, welcomed the provisions, saying they followed the publication of a private members bill by him and fellow party TD John Curran in the last Dáil.

He said the “key” part of the bill was the granting of power to gardaí to detain the vehicles and the linked power of entering a home, under warrant, to seize them.

“The gardaí — senior gardaí — asked for that,” he said.

He referred to the unofficial Garda policy of not intervening when the scramblers were being used for fear of someone getting injured or even killed.

“There have been cases of gardaí intervening, but you need resources and kit to do that. The key thing here is the gathering of evidence and pursuit to the point of home,” he said.

He said this bill will allow gardaí to conduct surveillance on the scramblers and then follow the rider to their home and at that stage seize the vehicle, under court warrant.

Sinn Féin TD for Cork North-Central, Thomas Gould, welcomed the announcement but said he needed “far more detail” to comment in-depth.

“We need to know what’s going to be in the bill and we also need detail on actively stopping these scramblers, tackling it when it is actually happening, not retrospectively, after the damage is done.” He said it was a huge problem and that he was regularly being contacted by people "terrified" by scramblers while they were out walking with children.

“It’s a huge issue for people and Covid has amplified the problem, with more scramblers around green areas and pathways. It's really dangerous. They are a scourge.” 

He said the Government would need to back up the legislation with dedicated training for gardaí on how to intercept these scramblers in action. He said gardaí might consider setting up dedicated units for the likes of Dublin, Cork and Limerick.

He said owners of these should be made to register the vehicles, so gardaí would know where owners live.

Dublin Sinn Féin Councillor Daithí Doolan, representing Ballyfermot-Drimnagh, said: "Any extra powers being given to gardaí to tackle the scourge of scramblers and quads is to be welcomed.” He said communities affected have been “crying out for real action” and didn’t want just promises.

"The public need to know when will this legislation be passed by the Dáil and come into force. And critically will gardaí be given the resources to implement this legislation.

“In Dublin, gardaí are already under-resourced and over-stretched. Without extra training to tackle scramblers and a serious increase in Garda personnel the law will only gather dust in the minister's office.” He added: "The community, youth services and young people themselves are central to the success in this battle. They need to be supported in tackling the issue on the ground. Funding for diversionary programmes must be made available. If the legislation is to succeed we need to see the benefit on our roads, in our green spaces and parks."

In a statement on the likely speed of the new bill, the Department of Transport told the Irish Examiner that the Road Traffic (Miscellaneous Provisions) Bill “is being developed” by the department with the Office of the Parliamentary Counsel.

“The Bill will be published as soon as possible once the drafters have completed their work and the Joint Oireachtas Committee on Transport have arranged pre-legislative scrutiny,” the statement said.

It said the availability of Oireachtas time and length of debates on the bill will dictate the timeline of the legislation.

“However, the intention is to progress legislation as quickly as is possible to do so.” In relation to any provisions in the bill to deal with active interventions and the fear of gardaí around injury or loss of life, the statement said: “There is a provision to allow Gardaí to obtain a warrant which allows them to enter premises and detain a scrambler where it is kept. This will offer an alternative in cases where they are unable to stop the vehicle during the commission of an offence due to safety concerns.”