BEGGING WILL be prohibited within 10m of ATM cash-dispensing machines under the terms of proposed new legislation published yesterday by Minister for Justice Dermot Ahern.
The Criminal Justice (Public Order) Bill 2010 comes in the wake of a High Court judgment that the current law, dating from 1847, is unconstitutional.
“In line with that judgment, begging will now be an offence where it is accompanied by unacceptable conduct such as harassment, intimidation or obstruction,” according to a statement from the department. The offence carries a penalty of a maximum term of imprisonment of one month and/or a fine of up to €400.
Other new powers under the Bill would enable gardaí to direct people begging within 10m of an ATM to desist and to move on from the vicinity.
Gardaí may also direct people begging within 10m of the entrance to a business premises, “where their behaviour or number is likely to deter members of the public from entering that premises”, to move on. Gardaí may also direct a person who is begging to desist and to move on where the person is begging in a manner or location that would give rise to a reasonable apprehension for the safety of people or property or for the maintenance of the public peace (eg, begging from traffic on roads and motorways).
“This Bill gives us a modern and reasonable solution to a problem we cannot ignore. I am confident this new power will be an effective addition to An Garda Síochána’s enforcement options,” Mr Ahern said. “The new Bill will confront the nuisance caused by begging but does so in a way that is reasonable and effective. It will not criminalise anyone who is forced to ask for help , provided the person acts reasonably and peacefully.
The High Court found section 3 of the Vagrancy (Ireland) Act 1847 was unconstitutional due to its lack of certainty. It was also held to represent a disproportionate interference with the Constitution’s provisions on freedom of expression and freedom to communicate. However, it stated there was nothing in its decision to prevent the Oireachtas from enacting new laws to control begging.