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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.
Cabinet signed off on measures ban outright the use of scramblers in public spaces such as roads and parks.
Under the measures gardaí will get enhanced 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.
However, Martin and the justice minister both said today that gardaí do have a right to pursuit in such cases.
Speaking during Leaders’ Questions today, the Taoiseach said gardaí “don’t have their hands tied behind their backs” when it comes to enforcing existing and forthcoming scrambler legislation.
Powers of pursuit by gardaí are there, says minister
This was echoed by Justice Minister Jim O’Callaghan today when he said gardaí already have powers of pursuit in such cases.
When asked if the felt gardaí were fearful of facing the wrath of Fiosrú, the body which deals with complaints from members of the public about the gardaí if there was an incident following a pursuit of someone on a scramble, the minister said there is a Garda pursuit strategy in place.
“It permits gardaí to pursue. In my opinion, gardaí will not be pursued by Fiosrú if they’re engaged in proportionate pursuit of those on scramblers. But I think it is really important that we give a discretion to the gardaí. They’re the people who know best whether pursuit in a particular instance is appropriate or not,” said the justice minister.
Justice Minister Jim O’Callaghan speaking to the media today. Leah Farrell
Leah Farrell
‘We’re going hard on this’
Speaking to the media, Transport Minister Darragh O’Brien said the change in the law being proposed is a direct result of what happened to Grace.
“We are going to go hard on this,” he said, setting the scene that there will be a garda clampdown on scramblers in public spaces.
O’Brien said he has spoken to the Garda Commissioner has given him assurances that the gardaí are ready to deal with this.
He said resourcing and training when it comes to gardaí dealing with seizing and pursuing
Anyone goes and buys their kid a scrambler bike and it is not for off-road pursuits “is not on”, adding:
If it is on the road or in a park, it shouldn’t be there. End of story.
“Things are different know and they are being treated very differently now,” he added.
The Journal / YouTube
It was outlined today that 1,000 scramblers, quads, e-scooters and e-bikes were seized by gardaí under the current legislation, however, when asked by The Journal how many of those vehicles were later returned to their owner, Minister of State Seán Canney said the government does not have those figures.
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.”
Ministers admit law beefed up because of Grace Lynch’s death
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.
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.”
