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GARDA COMMISSIONER JUSTIN Kelly has called for “legislative change” after a garda member was prosecuted for dangerous driving over an illegal scrambler chase.
This week, Garda Sean Shields was convicted after having denied a charge of dangerous driving.
The charge arose from an incident in May 2024 when he followed two masked men on scramblers.
Shields had said he was doing his best to try to tackle the “scourge” of scramblers in Dublin.
He was convicted in Dublin District Court of dangerous driving and was banned from driving for two years and handed a €500 fine.
This followed a complaint made to the Garda Ombudsman, Fiosrú.
It’s understood that Shields will appeal the decision.
Meanwhile, Commissioner Justin Kelly today called for “legislative changes around the thresholds for our members who are involved in pursuits that sometimes lead to accidents”.
He said it does “not appear to me to be right” that a garda responding to a “really serious” call is treated the “exact same way” as an incident of “bad driving”.
“A member of An Garda Síochána – who goes through a red light with blue lights and sirens on, is responding to a really serious call for service, and is involved in a collision – is treated the exact same way as if you or I, off duty, crashed through a red light because of bad driving.”
Fianna Fáil’s justice spokesperson and TD for Dublin Bay North, Tom Brabazon, meanwhile called for a “statutory indemnity for gardai engaging scramblers”.
“Scramblers are still wreaking havoc in our communities after the tragic death of Grace Lynch,” said Brabazon.
This was in reference to 16-year-old Grace Lynch who died on 25 January after an incident involving one of the bikes in Finglas.
Grace’s Law, a ban on the use of scramblers in public places and named after Grace, is set to come into force on Friday.
“Gardaí must be given power and protection to pursue and apprehend those engaging in reckless behaviour,” added Brabazon.
He said there is a “complete frustration” among garda members that “they cannot carry out basic tasks of apprehending criminals without the risk that they will be prosecuted by Fiosrú”.
He added that it is “obvious” that senior gardai are “reluctant to instruct their officers to pursue for the very reason that they could be suspended and prosecuted and lose much needed personnel”.
Brabazon said a statutory indemnity would allow gardaí to “carry out their jobs and protect the public from these criminals who do wanton damage to our communities”.
He said this step must be taken as “otherwise, we will continue a practice of having a group of untouchable criminals”.
Meanwhile, Grace’s Law is due to come into effect this Friday.
It will see a total ban on scrambler use in public places or on public roads, as well as strengthening the existing enforcement powers of An Garda Síochána.
Gardaí will get enhanced powers of seizure to reduce the number of seized vehicles that end up back on the roads.
Speaking last Friday, Transport Minister Darragh O’Brien said he would bring the legislation before Cabinet on Wednesday after having a “final meeting with the Attorney General”.
O’Brien said the legislation will be “in Grace’s memory, with the support of her parents”.
Meanwhile, he noted that there have been “complexities” around the definition of a scrambler.
“There wasn’t an actual definition in Irish law of that type of vehicle,” he said. “So we’ve had to do that work.”
He added that the penalties will be “effectively the confiscation and destruction of the vehicle”.
“You will not be allowed to use a scrambler on public roads or in public places,” said O’Brien.
“Use for sporting purposes in certain designated areas, that’s fine, but not anywhere else.”
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