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Darragh O'Brien is meeting with the Taoiseach and Justice Minister on the matter this afternoon. Leah Farrell/RollingNews.ie

Minister says gardaí have 'power' to seize scramblers but he promises even tougher laws

Darragh O’Brien said the death of Grace Lynch was “an awful tragedy” and that the ongoing work around the regulations “needs to be concluded”.

TRANSPORT MINISTER DARRAGH O’Brien will hold a meeting with the Taoiseach and the Justice Minister today on introducing regulations that would restrict the use of scrambler motorbikes.

It comes after Micheál Martin pledged to remove the bikes from public roads following the death of Grace Lynch on Sunday. 

The 16-year-old died in hospital hours after she was struck by a scrambler on Ratoath Road in Finglas. An 18-year-old man was yesterday charged with causing her death. 

The incident has sparked outrage over the use of scramblers, with Grace’s mother Siobhan saying she would “fight” to get them off the streets.

Speaking on RTÉ’s Today with David McCullagh this morning, O’Brien said Grace’s death was “an awful tragedy”. 

“The bravery that her mom has shown already in this really, really, awful time is just something to behold, and I’m genuine in my deepest sympathies to them,” he said. 

river (33) Grace Lynch (16) was killed in the crash on Sunday.

O’Brien said the Roads and Traffic Act 2023 gave Gardaí “additional significant powers” to seize scramblers being driven dangerously in any location, with over 300 having been seized since the Act was passed, along with over 600 scooters.

He said that all parts of the Act “have been commenced”, but that the regulations behind one area have been the subject of work and consultations over the last year or two between his department and the Department of Justice. 

“Basically this would give the power to the Minister for Transport – ie me – to effectively restrict the use of specific vehicles and in this instance, scramblers, and we need to do this.”

‘Matter of urgent priority’

O’Brien said he is meeting with the Taoiseach, the Justice Minister Jim O’Callaghan, Minister of State for Transport Seán Canney and senior officials from both departments on the matter at 2.30pm today. 

“I want this done as a matter of urgent priority, and it will be done.”

Section 35(A) of the Act states that “the Minister may make regulations prohibiting or restricting the use of specified vehicles or classes of vehicles”. 

Asked why it has taken three years for the legislation to be fully implemented, the Fianna Fáil TD said the “main elements” are in place. 

“This is an additional piece that needs to be put in place. I’m not going to talk about complications within it. I’ve talked to officials, and there has been work ongoing on it. It needs to be concluded.”

He said while legislation is important, driver responsibility is also important and pointed to “people purchasing scramblers, allowing teenagers use them in areas and on public roads”. 

“People as well have to look at why these bikes are being purchased. They were mainly for off-road, and that’s what they’ve been used for in sporting and racing and that type of thing. They’ve no place on our roads and they’ve no place in our public spaces.”

It comes after a group of Fianna Fáil TDs and Senators met with Jim O’Callaghan yesterday to call for him to introduce the regulation as a matter of urgency.

Speaking on RTÉ’s Radio 1 yesterday, Seán Canney said he has sought an “early date” from Department of Justice officials for when the regulation restricting scramblers in particular areas will be in place.

“The legislation there already, which came in in 2023, says dangerous driving becomes an offence on any ground, not just in a public place – it is any place. Also that gardaí have the power to seize the offending machines.”

Asked where they should be banned, he said: “Scramblers should not be permissioned in any public space in this country, I fail to see why we need to have them in public spaces.”

He said this “absolutely” included roads.

Pressed on whether this belief would be in the regulations drawn up by Government officials, he said he would be looking at the matter “very closely” with his officials.

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