A Dublin man has won his High Court claim that a law outlawing begging in a public place is unconstitutional because it excessively interferes with his right of freedom of expression.
The Vagrancy (Ireland) Act 1847 was introduced during the Great Famine. Section 3 of the Act made begging in a public place an offence and provided for a sentence of up to three months on conviction on that charge.
Niall Dillon, of Dargle Road, Blackrock, Co Dublin, was facing a charge of begging in Parliament Street, Dublin in September 2003.
He claimed the act invidiously discriminated between the rich and the poor and breaches the rights to freedom of expression and to communicate.
He also argued that a mandatory prison sentence of up to three months for begging interferes with the freedom of the judiciary and breaches the separation of powers between the legislature and judiciary.
Mr Justice Éamon De Valera rejected this argument but agreed that the law interfered with Mr Dillon's right to freedom of expression and his right to communicate.
Mr Justice De Valera also found the possible penalty was disproportionate to the crime of begging in a public place.
The legislation was struck down, and the charge against Mr Dillon was dropped.