2026-07-01

6. Deputy Tom Brabazon asked the Minister for Justice, Home Affairs and Migration if his Department will consider introducing a statutory indemnity for gardaí who are acting within reason while pursuing persons driving scramblers and other vehicles recklessly and illegally. [49644/26]

I raise again the issue of scramblers. We all know responsibility for this is across the Minister's Department and that of the Minister, Deputy O'Brien. We need to get to grips with this problem. We need to take back our streets from scramblers, which are being deployed by criminal gangs as a method of muling drugs and intimidating communities. I warmly welcome the enactment of Grace's Law but, on its own, it is not enough. We need to follow up with enforcement of this law. In that context, will the Minister consider implementing a professional licence or a statutory indemnity for gardaí who act reasonably in the pursuit of scramblers?

I agree with everything the Deputy said about scramblers. We need greater enforcement, and I believe that is happening. The tragic death of Grace and the enactment of Grace's Law was a seminal moment that really changed the attitude of this House and the body politic to how we deal with scramblers. Already in 2026, over 1,000 scramblers and e-bikes have been seized by the Garda. That is considerably up on the figure for last year. I want to see that continue. I have spoken to the Commissioner. He has said to me, and emphasised publicly, that he wants to see a much more robust response from An Garda Síochána, and we are seeing that. Obviously gardaí need to use their discretion when it comes to whether to pursue a scrambler. The most preferable way of dealing with this is through technology. Drones would be a great mechanism to identify where somebody on a scrambler is going. There may be occasions when it is appropriate for gardaí to start off in pursuit but if something goes wrong and an innocent bystander is injured, very serious questions will be raised about why that happened. I agree with the Deputy on the proposed changes to legislation. As a brief entry into it, I remind him, though I am sure he knows, that in the UK, under the Police, Crime, Sentencing and Courts Act 2022, there is a separate protection for police officers when it comes to dangerous and careless driving. The provision included there is that a police officer will only be liable for the offence of dangerous driving if "the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training". It is something the Minister, Deputy O'Brien, and I are looking at.

I welcome the Minister's response in that regard but the suggestion made is only one of a suite of measures to combat this reckless carry-on. We need more accountability from importers of scramblers, more Garda pursuit training, more intelligence gathering and more community involvement in handing over intelligence to Garda authorities. Police services in other jurisdictions are provided with training on scramblers to pursue and apprehend people riding scramblers. This Government must urgently support the Garda, not just with legislation but with the wherewithal to pursue, apprehend and prosecute those involved. The courts must also take a very serious view of this behaviour and back our gardaí in their work.

I agree with the Deputy. This requires a multifaceted response. It requires a policing, criminal justice and youth diversion response to ensure we get kids and teenagers away from scramblers and involvement in criminal activity and divert them towards sport or something that is positive for them. Last Friday, I was in East Wall in Deputy Gannon's constituency to see a place where there is a proper scrambler course. That is where they should be used, rather than on the roads or other public places. The message is getting through but the most important thing is strong Garda enforcement, so people who are in public places on scramblers have their bikes seized and retained. I hear what the Deputy said about importers as well. That is something that needs to be looked at. There are trade policy issues in respect of that but it needs a whole-of-government response.

I thank the Minister again. We must act with a comprehensive suite of measures, as he said, and we must make rapid progress on this. I know what he said about thousands of scramblers being seized by gardaí but there are still many on our streets endangering the public, so we must act with speed.

I agree with the Deputy. There needs to be enforcement and there is more enforcement. That is why we are seeing more scramblers and e-bikes seized. There needs to be more of that. People need to be aware that if they are using a scrambler on a public road or in a public park, it will be seized. That is the great advantage of Grace's Law. If gardaí see someone in a public place on a scrambler, they know they can seize the bike because it is unlawful activity. I am constantly talking to the Commissioner in respect of this. He is very strong on ensuring we do not permit communities to be terrorised by young people on scramblers. Those bikes need to be seized. We also need to strengthen our legislation. The word is getting out there, though I have no doubt it is still happening, that enforcement is up. We also need a societal response to it that says it is socially unacceptable, as well as unlawful, for people to be on scramblers in public areas because they are endangering their own community.