Delay to scrambler bike regulations not acceptable, Tánaiste says

Vivienne Clarke

The Tánaiste has said he “doesn’t have a satisfactory answer” as to why it has taken so long to implement a regulation banning the use of scrambler motorbikes.

Speaking to reporters outside Government Buildings on Wednesday morning, Simon Harris outlined how regulations to ban the use of the vehicles in public places would be brought to the cabinet.

He said: “This is really important.

“Scramblers are now being used to intimidate communities.

“They’re obviously posing a very significant danger in terms of road safety, and they have no place on public roads or in public spaces.”

The move comes after 16-year-old Grace Lynch died after an incident involving a scrambler bike in Finglas on January 25rd.

Also speaking on Wednesday morning, the Taoiseach said the new regulations would be named after Grace.

Micheál Martin said: “Grace’s mother said to me, she wanted it to be known as Grace’s law, and that’s what it will be.”

The legislation underpinning the regulations was passed in 2023, but it was only after the death of Grace that politicians moved to introduce it.

Asked why it had taken so long, Harris said it was “not an acceptable situation” the regulations had not been commenced.

He said: “This has gone on for quite a period of time. The Oireachtas passed a law, and that law did put a number of measures in place and those measures have had a positive impact in terms of giving the Gardai powers.

“There was provision in relation to banning them outright from public spaces, and it seems that that was never commenced.

“That’s not an acceptable situation, it predates the times of Minister O’Brien and Minister Canney, but our aim is to move forward in relation to this as quickly as possible.”

He added the regulations “will now move ahead at speed” and that he expects “significant progress over the next few weeks”.

It is intended that seized bikes would be destroyed, Harris said.

“It’s my clear view, and I believe it’s the clear view of the Minister for Transport, that they should be seized and not returned,” he said.

“This can’t be a question of taking the scrambler off someone for a few hours and somebody going back and asking kindly ‘can I have it back?’.

“And if you use a scrambler on a public road or public space that should be seized and that should be destroyed by An Garda Síochána, that is the intention.”

Harris also said he is “eager” to “take further steps” in relation to e-scooters.

“We cannot ignore the fact that the number one cause for children having brain-induced trauma in Ireland is now e-scooters,” he said.

“And yes, a child shouldn’t be on an e-scooter below 16, but we need to help the Gardaí in terms of more powers around enforcement.”

Meanwhile, Minister of State for Transport Seán Canney acknowledged that the current legislation around scramblers allows owners to retrieve their vehicles after a court case.

Speaking on Newstalk Breakfast with Anton Savage, Canney said that at the moment, the legislation is lax in relation to what happens with scramblers.

“People can apply to the courts to get them back after an incident, and a court case is finished, they can apply and pay a fine and get them back.”

Canney said he did not know how many scramblers had been returned.

“All I know is that 400 scramblers were confiscated. And my belief is that we need to make sure that we have finality with this so that scramblers are taken off our roads. We need to do it as a matter of urgency. And we need to make it clear to people who are using them, people who were selling them, that they cannot be sold for use on public roads.

“The regulation is being prepared at the moment, and that information is being worked on between the Department of Justice, the Gardaí and my department to ensure that we have the regulation the way that we deal with the confiscation of them and we deal with what happens with them afterwards as well.”

Canney added that under the new legislation, rather than gardaí chasing scramblers in situations like public areas where accidents could occur, they would instead follow them and then confiscate the scrambler at the place where it was stored.

Additional reporting: PA