Dáil Éireann Debate, Wednesday - 22 January 2025
920. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 524 of 18 September 2024, if she has received the necessary information from Garda Authorities in order for this PQ to be answered. [46307/24]
View answerI understand that Parliamentary Question No 524 of 18 September 2024 sought information on 'when the Garda manual was last updated with regard to the pursuit of riders on e-scooters, motorcycles and e-bikes travelling at high speed on public roads, public open area fields, public parks, etc., who are at high risk of endangering other road users.'
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of Garda business. This includes the training of Garda personnel and setting of operational policing, enforcement and investigative policies for the service. As Minister, I have no role in these independent functions.
I am advised by the Garda authorities that Assistant Commissioner, Roads Policing & Community Engagement has issued an updated ‘Spontaneous Pursuits Policy’ recently, to provide direction to Gardaí who engage in the use of pursuit tactics and pursuit management, in order to reduce the risk associated with pursuits and stopping of subject vehicles. The pursuit policy aims to promote accurate recording of information, intelligence, decisions and rationale by Gardaí involved in overt managed pursuits and the stopping of subject vehicles; and to ensure Garda members consider the human rights of all when engaging in managed pursuits.
Under the policy, the first priority should be to prevent a pursuit from taking place. Any decision to engage in a pursuit must be done in the interests of public safety, to protect life, to prevent crime and to apprehend offenders, in line with the statutory obligations of An Garda Síochána as set out in the Garda Síochána Act 2005.
The Road Traffic and Roads Act 2023 provides additional powers to An Garda Síochána to stop and seize vehicles, including e-scooters and motorcycles, being driven dangerously. The recent amendments made to section 53 (Dangerous Driving) and the insertion of the new powers under section 109A of the Road Traffic Act 1961 have increased the capabilities of An Garda Síochána in tacking such behaviour and ensured there is an effective legislative framework for addressing the dangerous use of these vehicles on our roads.
Additionally I am advised that the use of mechanically propelled vehicles, including e-scooters, in a public place is subject to all road traffic legislation. The use of scramblers, mopeds and quads in public parks and open spaces is governed by Local Authorities under Parks & Open Spaces Bye-Laws 2011 or similar legislation in use in other Local Authority areas.
Any mechanically propelled vehicle being driven in a public place can be seized under Section 41 of the Road Traffic Act in the absence of the appropriate, driving licence, Insurance or Certificate of Road Worthiness.
An Garda Síochána continue to educate all road users in their attitudes and behaviour and, when necessary, detecting and intercepting dangerous drivers and those who refuse to comply with road traffic laws.
The Deputy will be aware that there are serious challenges from an enforcement perspective when attempting to apprehend persons engaging in this dangerous and anti-social behaviour.
Interception poses significant risks, not only to the drivers and passengers of these vehicles, but also to members of the public and local Gardaí in affected communities.
Gardaí are required to carry out a risk assessment as to how they should respond to each individual case presented before them. They must operate within the law and be mindful of the dangers to themselves, members of the public present, the rider and the issues involved with a pursuit of this type, which could have serious or even fatal consequences.
It is important to note that Gardaí have other enforcement options open to them, including investigative expertise to locate and question suspected persons after the fact which would pose less of a risk to public safety.
