New Bill begs further questions

A BILL published yesterday, which aims to tackle "threatening" begging practices, has received mixed reactions as different groups consider the complexities surrounding legitimate begging and a perceived increase in so-called professional begging practices, writes PAMELA DUNCAN

The Criminal Justice (Public Order) Bill has been introduced to fill a vacuum in legislation after section 3 of the 1847 Vagrancy Act, which made begging in a public place an offence, was struck down as unconstitutional in the High Court in 2007.

The new Bill gives power to gardaí to direct people to move if they are begging within 10 metres of the entrance to a private house or a bank machine and to move people from a business entrance where those begging are deterring the public from entering the premises.These powers will also apply where begging causes a risk to safety, such as people begging on public roads.

However, the Minister for Justice, Dermot Ahern, denies that the Bill criminalises begging, and says it aims to deter “threatening, violent or obstructive” begging behaviour. “Begging is not being made illegal, only certain specific forms of begging,” a spokesman for the Minister says.

Dublin City Business Improvement District chief executive Richard Guiney has welcomed the move. He says that statistics collected by the group indicate that begging is on the increase.“Since the High Court ruling in 2007, the situation has gotten consistently worse,” Guiney said. “The kind of begging that takes place does intimidate people, and there are some people who are begging who aren’t in need and are begging for a profit,” he says, adding that people would be better giving their money to homeless charities instead of to those begging on the street.

The Mayor of Limerick, Kevin Kiely, has also called for begging to be outlawed.“It’s intimidating . . . it affects cities all around the country. You can’t go about your daily business without getting accosted and intimidated by these people,” he says.

However, the complex social issues surrounding begging cannot be ignored. Fine Gael’s spokesman on justice, Charlie Flanagan, says that begging cannot be addressed solely through the criminal justice system. “There may be an issue surrounding intimidation, harassment or whatever, which may need to be addressed, but we cannot deal with the problem of vagrancy through the criminal justice system alone, because begging is inextricably linked to poverty, homelessness and access to social services. The Government needs to address the reasons why we have a begging issue,” he says.

Adriana Fecheth of Leanbh, a 24/7 service set up by the ISPCC in 1997 to address child begging in Dublin, said that the legislation is too broad and could result in vulnerable young people and those with mental-health issues being criminalised. “There should absolutely be measures against those who display intimidating and threatening behaviour, but comprehensive services and social supports need to be put in place aiming at addressing the root causes of begging.”

The Irish Human Rights Commission (IHRC) says it is still in the process of examining the Bill, but has previously expressed concern that the legislation could result in criminalisation of vulnerable people.