BEGGING WILL no longer be an offence except if it involves harassment, intimidation or takes place at sensitive locations including ATMs, according to legislation introduced by Minister for Justice Dermot Ahern.
The Criminal Justice (Public Order) (Amendment) Bill 2010 creates a public order offence of begging and follows a 2007 High Court decision, which found that the current law on begging was unconstitutional.
Mr Ahern told the Dáil the Bill dealt with activity that “represents and unacceptable interference with public order”. He said the High Court had ruled in 2007 that “an overall ban on all forms of begging is unconstitutional”.
However it did not prevent the introduction of legislation that controlled begging and the legislation created an offence “when begging is accompanied by harassment, intimidation, assault threats to any person or the obstruction of passage by persons or vehicles”, with a maximum fine of €400 and a jail sentence of up to one month.
Begging may be considered an offence “where the person is begging within 10 metres of the entrance to a dwelling, an automated teller machine or a vending machine”. These were chosen “because they are ones where people are often distracted” and “often feel vulnerable in the presence of strangers”.
The Minister said he was considering whether further legislation was needed to deal with “organised begging rings”. The Bill was a “move away from laws that have their origin in a dark and tragic period in our past”, referring to the Great Famine.
Joe Carey (FG) said an elderly woman sat outside a parochial centre across the road from his constituency office in Ennis.
“She has been doing this for years. I have never seen her intimidate or harass. At this stage her presence seems acceptable to everyone. The terms of this legislation would indicate that she can be fined or imprisoned for her actions.”
He said the “distinction between begging and public nuisance has to be made clearer”.
Labour justice spokesman Pat Rabbitte said there was a “head- on conflict” between two pieces of legislation. He said the Minister had sponsored and advocated legislation to “limit the number of people who go to prison for failing to pay a fine, and in this legislation we are expressly providing that the ultimate sanction is prison”.
Noel Grealish (Ind) said begging should also be banned at churches and places of worship and outside bus and train stations.
