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Siobhan Lynch (front centre), mother of deceased Grace Lynch, at a community gathering in Finglas Alamy Stock Photo

Grace's Law: Total ban on scramblers in public places to be implemented in 'coming weeks'

Taoiseach Micheál Martin said the law will be named after Grace Lynch.

LAST UPDATE | 4 hrs ago

THE GOVERNMENT IS set to implement a total ban on the use of scramblers in public places. 

Taoiseach Micheál Martin said the law will be named after Grace Lynch, who died on 25 January after an incident involving one of the bikes.

Martin said today: “Grace’s mother said to me, she wanted it to be known as Grace’s law, and that’s what it will be.”

The proposals include a total ban on scrambler use in public places, as well as strengthening the existing enforcement powers of An Garda Síochána.

A Department spokesperson said the intention is to “close any cases where scrambler use may previously have been legal outside of appropriate off-road settings, and to enhance powers of seizure to reduce the number of seized vehicles that end up back on the roads”.

It is intended that the ban will be implemented in the coming weeks and as an immediate measure, the regulations will be amended to increase the fees that accrue to a seized vehicle each day.

Currently, scramblers can only be legally driven on public roads if they are registered and have a registration plate.

However, most scramblers are designed for off-road use only and are unregistered, and therefore already illegal for use on the road. 

Garda sources have told The Journal that their ability to take scramblers off drivers is hampered by not being allowed to pursue them, and not having adequate vehicles to pursue them across green areas.

Speaking during Leaders’ Questions today, Micheál Martin said gardaí “don’t have their hands tied behind their backs” when it comes to enforcing existing and forthcoming scrambler legislation.

Meanwhile, Lord Mayor of Dublin Ray McAdam welcomed the move and said that in the north inner city “we have seen exactly what illegal scramblers lead to: serious injuries, chaos in our parks and housing estates, and families left devastated”.

He added: “After the horrific death of Grace Lynch, Dubliners want more than announcements. A total ban in public places must mean exactly that – no loopholes, no grey areas, no excuses.

“And it must be enforced. Gardaí need clear powers, real backup on the ground, and fast processes to seize these bikes and keep them off our streets. 

“People should be able to walk to school, push a buggy, or use their local park without fear.”

Elsewhere, Minister of State for Transport, Seán Canney, has denied that the new regulations are performative.

In a tricky interview with Newstalk’s Anton Savage this morning, Canney said it is important that the “ambiguity” around scramblers is removed, though he was unable to clarify how the new regulations would differ from laws already in place. 

The legislation underpinning the regulations was passed in 2023, but it was only after the death of Grace that politicians moved to introduce it.

Existing legislation already prohibits the illegal use of scramblers in public places, such as dangerous driving and no insurance.

Speaking on Newstalk Breakfast this morning, Canney acknowledged that there is existing legislation in place, adding that enforcement of that “is a key priority”.

Canney said existing legislation was being enforced, adding that over 400 scramblers have been confiscated by gardaí in the last two years. 

Asked why further legislation was needed in that case, he said: “Because we need to make sure that the scramblers are off our public roads because they are a danger to people on the roads.”

When pressed on whether the new regulations were performative, Canney said: “Absolutely not.

“I would say that through the legislation passed in 2023 before my time, part of that legislation was to deal with the scramblers and to make sure that they were taken off the roads. It wasn’t brought in. It is being brought in now.”

Enforcement

When Savage suggested that the problem is existing laws are not being enforced, Canney said the enforcement is happening, “but we do need to strengthen the law to make sure that no scrambler is in our public roads or public car parks”.

Asked what will be in the regulations that will allow gardaí to act, he said that people will know they can’t use scramblers on public roads and parents will know that their children “shouldn’t be using these on the road”.

Canney acknowledged the risk that if a garda pursues someone on a scrambler, it could lead to someone being injured.

“It is important to say that we have powers to actually confiscate the scrambler at the place where it has been stored, because [gardaí] just follow it to wherever it is and seize it at that point.”

Canney also said the other aspect of the new regulations will focus on what happens after the scramblers have been confiscated, saying the current legislation is “lax” in this area. 

“People can apply to the courts to get them back after an incident and when a court case is finished, they can apply and pay a fine and get them back.” He did not have figures for how many seized scramblers have been returned to people. 

“My belief is that we need to make sure that we have finality with this, so that scramblers are taken off our roads. We need to do it as a matter of urgency.”

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