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GARDA COMMISSIONER JUSTIN Kelly has called for upcoming legislation banning the use of scramblers in public places to include “clear and simple” guidelines around seizures and disposals.
The new legislation will be called Grace’s Law, in memory of Grace Lynch, who died on 25 January after an incident involving one of the bikes.
The legislation will include a total ban on scrambler use in public places, as well as strengthening the existing enforcement powers of An Garda Síochána.
Under the measures, gardaí will get enhanced powers of seizure to reduce the number of seized vehicles that end up back on the roads.
At a meeting today between the Policing and Community Safety Authority (PSCA) and the Garda Commissioner, Kelly was asked what is needed from the legislation to “make your job easier”.
Kelly remarked that there is a “complicated landscape” around seizing and disposing of scramblers and added: “The more straightforward it is for us and our people on the ground, the better”.
Kelly said that the legislation “seems to be going in that direction” and that he hopes it will “solve some of the complications”.
It was noted earlier in the meeting that some seized scramblers actually turn out to be registered as motorbikes.
Kelly said his views have been communicated to ministers and noted that “it’s not straightforward drafting legislation”.
Earlier this month, Transport Minister Darragh O’Brien noted that meetings had been held with the Attorney General’s office in relation to the legal definition of scramblers.
O’Brien said that the “legal definition of a scrambler doesn’t actually exist”.
“You can look it up on AI as to what the definition would be – we’re working through a robust legal definition on that.”
Meanwhile, Kelly called on parents to do more to tackle the problem of scramblers.
“Their parents know they have them. Some of these cost many thousands of euros to purchase.
“While we certainly have a part to play in this, there’s certainly a responsibility element to this for certain cohorts of people.”
He added that many young people using scramblers “think this is acceptable to go out in their own areas and to terrorise people on these vehicles”.
Elsewhere, Kelly said it was “extremely disappointing to hear that poor service was being provided to victims of domestic violence”.
Kelly said this in response to remarks by Emma Reidy, chief executive of domestic abuse charity Aoibhneas.
She told the meeting that one client she works with has cited 500 alleged incidents of domestic abuse.
“Her perpetrator has received suspended sentences,” said Reidy.
“Out on bail, continues breaching orders, guards can’t locate the assailant. This client lives in fear.”
Reidy also cited examples where people present to a garda station but experience a “junior garda who perhaps doesn’t have the requisite knowledge pertaining to the legislation”.
She also said some clients, after being hospitalised following a physical assault, “goes to pursue a statement and are told that she has to go and find the responding guard that attended the scene from the night she suffered her injury”.
Kelly added that there are 65,000 calls related to domestic violence every year.
“We have done a lot of work around this,” said Kelly, “however, we’re not happy where it still is at the moment.
“The examples that you cite are evidence of this and we’re completely conscious that we have more work to do in this area.
“It’s really disappointing, particularly people who are in these really shocking circumstances, and they come and present to us, and effectively get the run around
“That is completely unacceptable.”
However, Kelly said domestic violence is “always a top priority” and that there are “many examples” where gardaí “deal with victims very well”.
Elsewhere, it was remarked that gardaí would “welcome legislation to allow us to advance drugs testing” within An Garda Síochána.
A policy to introduce drug testing of gardaí was announced five years ago and the Department of Justice said the delay was because regulations to underpin a drugs-testing scheme are “complex and have required thorough consideration”.
Kelly said he could not “emphasise how keen we are to get this in”.
“We’re certainly behind the curve of some other agencies, the Defence Forces have had this for some time,” acknowledged Kelly.
He added: “Drugs is a scourge in our society, we are absolutely not immune to it in An Garda Síochána. It’s really important we get this in.”
Kelly said he understands that the legislation will be drafted before the summer.
Meanwhile, Assistant Commissioner of Governance and Accountability, Jonathan Roberts, told the meeting: “We obviously have to manage a contract with an outside provider to make sure that we’re financially complaint from a procurement perspective.
“So it’s difficult to get precise timelines, but we are extremely keen to advance this as soon as possible, and we’re doing what we can to have the necessary blocks in place so that when the regulations come, the time will be as minimal as possible.”
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