◎ OireachtasDB

Seanad Éireann · 2026-01-29

Nithe i dtosach suíonna - Commencement Matters

4 matters · 21 contributions · 7 speakers · 7,297 words

In this session

Most used terms in this session

How often each word appears across the whole session, ranked by how distinctive it is to it rather than common to all parliamentary language.

dart 44
scramblers 20
enniscorthy 21
west 33
school 35
cabra 11
flood 15
public 42
scrambler 9
south 22
enforcement 15
station 14

The session in full

Every matter in the order taken: the question as tabled, where there is one, then the exchange.

Rail Network

FF Mary Fitzpatrick

I thank the Minister of State, Deputy Thomas Byrne, for coming in this morning. I raise this Commencement matter to seek an update from the Minister for Transport on the DART+ South West project. I appreciate that transport is not the Minister of State's portfolio and that he is giving his time to be here today. I congratulate him on the very important work he is doing at this time in his role in Europe and I wish him well with the European Council Presidency coming up this year.

This morning specifically, I want to talk about the DART+ South West project, which was first proposed in 2000. It is hard to think that it was a quarter of a century ago. We are in 2026 and we are talking about it here today. To be fair to those involved, it is important to note that there has been significant progress, in particular under the previous Government in the last term of the Oireachtas. We are at the point where the railway order and design are completed, public engagement and submissions from the public have been conducted and the railway order application has been lodged. Most importantly, planning permission has been granted. This is a very positive project. The transport benefits, economic benefits and environmental and social benefits are enormous. From a transport perspective, it will expand travel modes and reduce travel times on public transportation, and it will make public transportation a more attractive, affordable and reliable option for commuters.

In the last two days, we had gridlock in Dublin and disruption on the roads, not just in the city but around the city and in the surrounding counties. We must ask what is causing the delay in us advancing a well-designed, thought-out and planned public transportation plan like the DART+ South West project. From a transport perspective, it will quadruple the tracking between Park West, Cherry Orchard and Heuston Station. This will reduce a major bottleneck and it will accelerate the travel times for commuter traffic and passengers on intercity services.

One might wonder why Mary Fitzpatrick cares so much about Kildare North or even the south west of the city. As a Dub, I care about all of Dublin and the commuter belt, but even in the heart of my constituency, in Cabra where I grew up, we are going to benefit too. Cabra has a population of roughly 26,000 people in the hinterland of where the station would be located, who could avail of this transport option. That is 26,000 people who are living and working and contributing in our capital city. The station will be located just off the Cabra Road. Even if you do not live in Cabra, you will have heard of Cabra if you listen to the road traffic reports. We hear about congestion coming in from Castleknock, down the Navan Road to Cabra Cross and then down the Cabra Road to Doyle's Corner. Famously, every traffic bulletin refers to the traffic congestion at Doyle's Corner and down the North Circular Road. If the DART+ South West project progresses, a lot of people could get out of their cars and get on the DART, and then they would be able to connect to Connolly Station and Drumcondra station. They would be able to connect to the metro when that is built at Cross Guns Bridge. There are enormous transport benefits, economic benefits and social benefits. What I am seeking from the Minister for Transport is a commitment that the Government is going to go ahead with that project.

I commend the Government on committing €24.3 billion to transportation in the national development plan. In the review that took place in 2025, DART+ South West is called out as a project with planning approval. I have heard the Minister say that there is flexibility in the NDP to bring forward projects like DART+ South West. At the moment under the NDP the indicative schedule is for it to commence in 2030. I do not believe we should wait until 2030 and I do not I think the Government believes we should wait until 2030. I believe, and the people of Dublin and of Kildare North believe, that the DART+ South West project with planning permission, with design, with approval and support from the Government can go ahead much earlier than 2030. I really hope the Minister of State can give us an answer that indicates that this morning.

FF Thomas Byrne

Ar son an Aire Iompair, gabhaim buíochas leis an Seanadóir as an ábhar tábhachtach seo a ardú agus deis a thabhairt dom freagra a thabhairt air sa Teach inniu. The DART+ programme comprises five different rail projects in and around the greater Dublin area. It includes extending the existing DART network to Maynooth, the M3 Parkway and Dunboyne in my constituency, Hazelhatch and Celbridge, and Gormanston, Laytown and Drogheda, also serving my constituents, and improving current DART services from Dublin city centre to Greystones. The programme will triple the length of the electrified rail network in the Dublin area and double peak city-centre capacity from 26,000 passengers per direction to 52,000. DART+ South West will extend DART train services from Dublin city centre to Hazelhatch and Celbridge. An Coimisiún Pleanála approved a railway order for DART+ South West in November 2024. In addition, procurement for DART+ South West and DART+ West is progressing with pre-qualification questionnaire notices for design and build works advertised in May last year.

As the Senator said, the Government is committed to the delivery of major public transport projects. This is evidenced by last year’s review of the national development plan which allocated a total of €24.3 billion in Exchequer funding to transport projects from 2026 to 2030. Of this total allocation, Exchequer funding of €10 billion for public transport infrastructure is earmarked from 2026 to 2030, in addition to the €2 billion allocated for MetroLink. This represents an unprecedented level of investment in public transport infrastructure over the coming five years, which has more than doubled compared with the last five-year period. However, it is a simple fact that decisions are required in relation to sequencing and prioritisation. The funding under the NDP transport sectoral investment plan will allow advancement of various elements of the DART+ programme in the coming years, including DART+ West. The funding will also allow compulsory purchase orders to progress for DART+ South West this year and will provide for procurement progress for the project, with some of the framework contracts being established in common for DART+ West and DART+ South West.

Following the investment in new DART+ fleet, DART+ West was always recognised as the critical step in the DART+ programme. That will then allow DART+ South West and indeed the other infrastructure projects of the programme to develop for a number of reasons. The new depot in the Maynooth-Kilcock area, to be delivered as part of DART+ West, provides essential stabling and maintenance facilities for the expanded fleet for the entire programme, which is a prerequisite for supporting service patterns across the entire network, including DART+ South West. DART+ West will deliver the critical electrification of the city centre rail network and the necessary city centre capacity upgrades. This is a prerequisite for future trains coming from DART+ South West to enter the city centre network at Glasnevin Junction from the Phoenix Park Tunnel. Upgrades delivered under DART+ West, such as resignalling and electrification, are also vital for accommodating increased frequency envisaged for DART+ South West. The new station at Spencer Dock, introduced as part of DART+ West, is a key node for future service integration, supporting the operational flexibility required for DART+ South West train services, helping to address the well-known capacity issues at Connolly Station.

The plan for the development of Cabra station is currently being developed in parallel with the DART+ programme. It is at an early stage of development and is progressing towards the statutory planning phase. When and if statutory planning approval is secured, further consideration will be given to the timing of construction of this project. The Department will also explore any EU funding which may become available to accelerate public transport projects. I can confirm that this is part of the discussion I am involved in at an EU level on the multi-annual financial framework in terms of what funding might be available for public transport projects in general. The NDP will be reviewed around 2028 and updated then. This will also provide an opportunity to examine the potential to provide additional funding to accelerate the delivery of projects such as DART+ South West.

FF Mary Fitzpatrick

Gabhaim buíochas leis an Aire Stáit for the detailed response. I acknowledge the Government's commitment to funding transportation of €24 billion and the €12 billion for public transportation in particular. I accept the detailed report that is provided here in terms of the strategy and the requirements for works to be completed on DART+ West, Spencer Dock and Connolly Station to allow DART+ South West and the development of Cabra station to progress. On considering this in detail, it is apparent that work is already under way. I acknowledge that and I congratulate everybody who is involved in that.

I appeal to Government to look at the sequencing of this work as part of the project management of these projects to see what can be done to complete works in parallel as opposed to sequentially. Given where the Minister of State comes from, I know he understands the importance of public transportation for his constituency. When we consider all the people who are stuck on the M50 and our motorways trying to travel into and out of Dublin city, we need to get all those involved in delivering these public transportation projects to take a fresh look and put fresh energy and fresh ambition behind the delivery of really important public transport programmes like DART+ South West and DART+ West, which will electrify the line from Maynooth to Connolly Station, passing through Drumcondra as well as the new Cabra station.

FF Thomas Byrne

In the opening statement, I outlined a lot of the progress that is happening. I might mention the fleet situation now. Regarding the roll-out of the new DART+ fleet, this has started to undergo safety testing. That will progress from 2027 onwards and will allow what is described as a cascade of existing trains to serve new areas of the Irish Rail network. Three fleet orders have been placed for both battery-electric carriages, which obviously do not need the overhead wires, and electric carriages. Trains from the first order of 95 carriages will initially be deployed on the northern line which serves my constituency including Gormanston, Laytown and Drogheda. They will come on stream from next year. It is planned to deploy some of the second order of 90 carriages to allow commencement of the Wicklow DART extension around 2029. In December 2025, the Department funded a third fleet order for another 100 electric DART carriages. That will fully replace the original DART fleet. The Minister, Deputy O'Brien, got good coverage when he announced that and the public saw it. It is planned to deploy this order of 100 electric carriages from the end of 2028. Deployment of the first and second order will then free up the intercity and commuter trains for use on other train routes providing a capacity boost. The redeployment will be a matter for Iarnród Éireann and the NTA to decide based on all the factors. Of course, that means there is potential for train carriages to be deployed on the DART+ South West line to add capacity in conjunction with the work that will be under way on the infrastructure upgrade.

I already mentioned the Cabra station project, which is working its way towards planning approval. I emphasise the work that is going on at EU level and departmental level in terms of further sources of funding as these planning approvals start to happen.

Special Educational Needs

SF Pauline Tully

Is the Minister of State, Deputy Byrne, taking this as well?

CC Malcolm Noonan

Yes.

SF Pauline Tully

I was not informed that there would not be a Minister from the Department of Education and Youth.

CC Malcolm Noonan

Senators should be informed.

SF Pauline Tully

It is a little disappointing.

I was not aware of a rule that applies to special schools only, which is that students must complete their education in the year that they turn 18, until I was contacted by the parents of a young lad who is 17 at the moment. He is in a special school. He attended a mainstream primary school until he was 12 or 13. He had been diagnosed with moderate to severe autism and it was felt that his education needs would be better served in a special school.

He started special school in September 2021. This year, when he went back to school and turned 17, his parents were informed that this would be his final year in the school. They were quite surprised because they thought he would have another year. If he had stayed in mainstream school, he could have had six years of education. Most students now do, or have the option of doing, transition year and most students are now 19 or approaching it before they finish school. He will be 17 when he finishes school in June. He will turn 18 during the summer and they feel it is too young for him. They were surprised by it. They have appealed it through the school principal, but the appeal will not be heard until March or April and they feel that is too long.

They will have this uncertainty hanging over them from when they received the letter in September until March or April of this year. For a young person who is autistic, routine is vital, as is planning for any change. They have been unable to do that with him because they do not want him to prepare for leaving school and going on to something else given that we hope he will get the year at school. That is their preference. They have done some preparation, but they do not want to do too much in case it does not happen.

Why is this the situation? As I said, most children are now five when they start school. They do eight years in primary school and six years in secondary school so they are 19 or approaching 19 when they leave school. It seems a little unfair that children in a special school setting are told they must complete their education in the year they turn 18. Why does this anomaly exist? Can it be addressed to allow them to stay at least until they are 19? There is an appeals process, but it takes too long and it is too late in the year for many students. I am not sure how many are affected. I am sure it is not a huge number, but I am also sure it would not be a big issue to change it to allow students to stay in school until they are 19.

When I was teaching, I taught in a mainstream school, but there were many students there with additional educational needs and one student celebrated her 21st birthday while at school. There was no issue. She had repeated school years in primary school, which left her a little older, but there was no issue with it. There was no rule that she had to leave at the age of 18 or 19. The same should apply to special schools.

FF Thomas Byrne

Enabling students with special educational needs to receive an education that meets their needs is a priority for the Government. It is also a key priority for the Minister, the Department and the National Council for Special Education, NCSE. The NCSE is the statutory body responsible for the provision of special education and allocating supports for students with special educational needs.

Special schools funded by the Department are classified as primary national schools. They are intended, in accordance with the provisions of rule 64(1) of the rules for national schools, to provide an education to children and young people with special educational needs aged from four years until the end of the school year in which they reach their 18th year. Special schools may, however, seek approval from the Department for an exemption from the rule in respect of students over 18 who are pursuing learning programmes leading to accreditation that align with the national qualifications framework, NQF. These programmes include, for example, junior cycle level 3 subjects, level 1 and level 2 learning programmes, the leaving certificate applied and senior cycle level 1 and level 2 learning programmes.

A request for an exemption can only be made by a school where, in addition to the above, the student requires one additional year to complete a programme leading to accreditation on the NQF, and where retaining the student in the school for another school year will not prevent a younger student being enrolled there - that is a consideration - and plans are in place to transition the student to a post-school setting at the end of the school year. Special schools are invited each year to make applications to the Department for exemptions from rule 64(1) in respect of students who meet those criteria. Where the criteria are met, the Department will approve the exemptions.

I am aware that this issue has been raised in the context of the review of the Education for Persons with Special Educational Needs, EPSEN, Act 2004. The Department is progressing the development of an implementation plan arising from this review. Furthermore, under the First Programme Plan of Actions 2025-2026 arising from the National Human Rights Strategy for Disabled People 2025-2030, the Department has joint responsibility for a number of priority actions, including a commitment to develop a national transitions policy to support students from early learning and childcare through school and into adult life. A cross-departmental steering group, co-chaired by the Department of Children, Disability and Equality, the Department of Further and Higher Education, Research, Innovation and Science and the Department of Education and Youth, has been established to oversee the implementation of this priority action. A key action under this commitment is to support earlier transition planning for school-leavers and their families, so that enhanced guidance and information can be provided to young people and their families on all post-school options, such as apprenticeships, employment and further and higher education.

SF Pauline Tully

I thank the Minister of State for his response. It still does not deal with the point that students are treated differently in special school settings from how they are treated in mainstream school settings. The notice this family were given was poor. They were not aware of this rule. All parents should be made aware of the rule much earlier than going into the final year of school. They have been left in a state of limbo in which they are not sure whether their son will stay in school for another year or will have to transition.

The Minister of State pointed out the different post-school options students may take and it is good to see they are being considered for students in special schools. For too long, students left special schools without any kind of qualification and nothing more was expected of them than to go into a day service of some description. Many students are capable of going on and progressing in different courses and we need to make sure they can avail of different options open to them. However, the notice for the appeal and the rule both need to be looked at and addressed. It is unfair in this instance.

FF Thomas Byrne

The Senator raised a good point. Clearly, there are rules and an exemption process, which is transparent. People can apply for an exemption and that is clearly set out.

However, an important point, which the Government acknowledges, is that we need more transition information to be available to people, and at an earlier time. That has to happen. There is a process for exemption from the rule and it is down to the individual case. I am sure the Senator will assist in the navigation of that process, but let us see what happens. Certainly, people need information at an earlier stage.

CC Malcolm Noonan

While we are grateful for the Minister of State being with us this morning, out of courtesy, the Department should inform the Senator if the line Minister is not going to take the question.

Flood Relief Schemes

FG Cathal Byrne

I thank the Minister of State for coming to the Chamber to discuss this important issue.

Last Tuesday morning, I stood on Island Road in Enniscorthy, where yet again the River Slaney, which goes through the town, burst its banks and the water spilled out. I saw the residents of Island Road place all their belongings onto their kitchen and living room tables and get out jacks to jack them up to the ceiling in anticipation of the water coming in. We saw flooding that was unprecedented in our town. That is saying something because Enniscorthy has flooded 16 times since 2000. Yet, in spite of a visit by then President Michael D. Higgins in 2014, an allocation of €55 million to the Enniscorthy flood relief scheme in 2015 and the fact there is cross-party support and buy-in from all politicians locally and the community to the Enniscorthy flood relief scheme, we have not been able to deliver it.

There is enormous frustration in the town. This time the water was 4.8 m high. That is 5 ft of water running into businesses in Templeshannon and along Shannon Quay. It is scandalous at this stage. My understanding is that when the Department with responsibility for the Office of Public Works, OPW, made an application to the Minister for public expenditure, it was refused in 2022 because of the presence of the freshwater pearl mussel living under the old bridge in Enniscorthy. Due to environmental concerns about the impact on its habitat, the water could not be touched, walls could not be put in and the dredging could not be done, and the scheme was ultimately refused.

I would like to know for the people in Enniscorthy when the Enniscorthy flood scheme will happen. What barriers exist? What can be done? Can we get an update? This is absolutely heartbreaking. I was elected as a councillor for Enniscorthy in 2019. I was chair of the council in 2021 when the town flooded and I still have the same concerns I had then. Over the past 11 months as a Senator, I have repeatedly raised my concerns about the fact that every time heavy rain is forecast, the residents of Island Road and the owners of businesses on the quays look out and ask if it will happen again.

All of their worst fears were realised with a record-breaking flood. Can we please have an update and see where this project is at? What can we do to solve these problems in Enniscorthy?

FF Thomas Byrne

I thank the Senator for raising this matter. I know we have all seen, along with the Minister, Deputy Browne, and the Minister of State, Deputy Moran, who cannot be here today, the devastation that flooding has on people, businesses and the Enniscorthy community. The town of Enniscorthy, unfortunately, has a long history of flooding, the most recent being this week, with previous events in 2000 and 2015. Flooding is a huge problem and leads to incalculable losses to people and a loss of a secure feeling as well.

The Government has introduced a range of supports this week. Correctly, the community, the Senator and the Minister, Deputy Browne, are seeking a long-term solution through a flood relief scheme. Following extensive engineering analysis, public consultation and environmental assessments, in March 2020, the OPW submitted the Enniscorthy food relief scheme for statutory confirmation. The main elements of the proposed scheme included the construction of flood defence walls and river channel widening and deepening. The scheme also included the removal of the Seamus Rafter Bridge and the construction of new and replacement road and pedestrian bridges over the Slaney.

In March 2022, the Minister made a decision to refuse this scheme consent. The decision was due primarily, as the Senator said, to concerns about the impact on the freshwater pearl mussel. The Minister at the time, Deputy Patrick O'Donovan, gave a commitment subsequently to deliver a flood relief scheme for Enniscorthy. I confirm that commitment today, and the aim of this Government is to provide protection not just to some 50 properties that were affected this week but to 326 properties at risk from flooding in Enniscorthy. All of them need protection.

The Minister of State, Deputy Moran, visited Enniscorthy last April and reaffirmed his commitment to deliver this scheme at a meeting with elected representatives. Given the refusal for planning consent, work had to be undertaken to look for alternative approaches to managing the flood risk from the scheme submitted for confirmation. There is also a requirement to investigate alternative options that consider the changes in policy and approaches to assessments that have occurred since the scheme was first designed. Since that time there has been extensive engagement between the OPW and Wexford County Council for an alternative flood relief scheme. At the end of 2023, the council submitted a proposed strategy for the progression of the scheme, which was approved by the OPW and comprises two phases. The main elements of the first phase of the scheme will include the construction of a new road bridge over the Slaney, construction of a new pedestrian bridge and the removal of the existing Seamus Rafter Bridge. Part 2 of the scheme will include the construction of the remaining flood relief measures for Enniscorthy town.

The project steering group is progressing both phases. On the design options for phase 1, an initial public consultation took place in quarter 2 of 2025 to present emerging options to the public. A second public consultation took place in November 2025. The development of the options report is now being progressed following feedback from the public. To help with a special planning application submission to An Coimisiún Pleanála, relevant environmental surveys are being updated and an environmental impact assessment report and Natura impact statement will be prepared. It is envisaged a planning application will be submitted to An Coimisiún Pleanála in quarter 2 of 2027. Prior to lodging a planning application, a maritime area consent application will be required from the Maritime Area Regulatory Authority, MARA, which is to be submitted in quarter 2 of this year.

With regard to phase 2, the county council and the Office of Public Works are finalising a project brief in order to issue a tender for the appointment of an engineering and environmental consultant. This will go to tender very soon. It is envisaged a consultant will be appointed in the first half of this year. A detailed programme for the overall scheme will be subsequently developed following the appointment of a consultant for phase 2. A flood relief scheme for Enniscorthy is supported by the Government's investment in flood relief measures through the national development plan. This funding has allowed the Government to treble the number of projects at design, planning and construction, including for Wexford town and Rosslare.

FG Cathal Byrne

I thank the Minister of State for his response. I welcome the fact the €51 million allocated is still in place, but I have to stress the urgency of this. The residents and businesses in Enniscorthy are beyond frustrated at the lack of progress to date. I appreciate that there are significant regulatory concerns about the freshwater pearl mussel, but we need to rebalance the prioritisation here. The residents and the businesses in a town that has been flooded 16 times since 2000 have to be put as a priority ahead of the freshwater pearl mussel. Perhaps that is going to require legislative change. I will work with the Minister of State and anybody who can ensure that we get this flood scheme up and running for Enniscorthy.

I want to make a point about the phases. Phase 1 talks about the demolition of the Seamus Rafter Bridge in Enniscorthy. That is a bridge where water is flowing over it as well as under it. It was built too low in 1992, when it was put in. My concern is that even if the bridge is demolished and a much-needed new bridge is built, the reality remains that without dredging, glass barriers and significant attenuation areas further upstream, the town is still going to flood. My concern is that as long as the freshwater pearl mussel remains living under the old bridge, we are going to be caught in this cycle of applications, deadlines, rejections and repeated flooding for Enniscorthy. I will work with the Minister of State and the Government to ensure that whatever legislative change is needed regarding the freshwater pearl mussel, we will get there. I thank the Minister of State for coming in today

FF Thomas Byrne

I agree with the Senator. I know that the Minister, Deputy Browne, agrees with the Senator that the town has lived with flood risks for too long. The consent refusal in 2022 was a setback for the town. I am working with the Minister, Deputy Browne, not to reduce environmental protection, because nobody wants to do that, but to reduce the bureaucracy that comes with planning and development in this country. We are engaging with European colleagues on this. There is a whole agenda in the European Union at the moment in terms of simplification and reducing the burden of rules. We want to protect the environment, nature and all of that, but all of these procedures take too long and are too complex. There are certainly occasions like this when the needs of human beings need to be prioritised. Let us see where this process goes. It is being treated urgently by the Government. I thank the Senator for raising the issue.

Road Safety

FF Alison Comyn

I welcome the Minister of State, Deputy Canney. His taking this Commencement matter shows the seriousness with which he is taking the issue. The events of 25 January 2026 are permanently etched in our memories and, more importantly, in the memories of the heartbroken family of Grace Lynch, the beautiful 16-year-old schoolgirl who was tragically mown down by someone who, we can only presume, was driving an illegal scrambler in a treacherous manner on a road in Finglas.

Three days later, the Government has moved with absolute unity to say these machines, which are lethal in the wrong hands, have no place on our roads, on our housing estates or in any public space. However, let us be clear: those scramblers last Sunday should never have been on the road in the first place. The fact the riders believed otherwise speaks volumes about apparent gaps until now in deterrence and enforcement. I welcome the decisive action in the past three days. It is worth remembering that these restrictions were introduced as far back as 2023. The law existed but what seems to have been missing is proper enforcement.

In towns and cities right across the country, scramblers have been used for antisocial behaviour and criminal activity for years. Too often, they are driven with no fear of consequences, and that must end immediately. I first raised this issue in the Chamber last April after working with families in east Meath who had been terrorised by scramblers on their estates. In one case, a child was struck by a scrambler but, fortunately, not seriously injured. In another instance, a child narrowly missed serious injury by a scrambler coming through the front gate of the garden in which the child was playing. I have also worked with residents in Ballsgrove, Drogheda, where scramblers tear through residential areas morning, noon and night, including at a pedestrian crossing used daily by children from Marymount National School.

We need to work with parents to deter the purchase of scramblers for youngsters where they clearly will not be used for sporting pursuits. The message must be clear that these vehicles are not welcome on any public road or space and parents should not buy them for their child. It is heartening that in 2024 and 2025, more than 250 scramblers were seized by An Garda Síochána. We must back the force fully in law and with resources to remove every single one of these machines from our streets and confine them to designated safe tracks, where they belong.

I was really happy to support my colleague Senator Fitzpatrick at the Fianna Fáil parliamentary party meeting last night not only on the ban itself but on her proposal for a scrambler amnesty, which she mooted only hours after last Sunday's tragedy. Some of these vehicles may have been bought in good faith but they should never be used on public roads. A mechanism for a refund of up to 90% within six months, 70% up to 12 months and 50% up to two years is a practical way to get these machines off our roads. There is also the issue of storage. Anyone who knows where one of these vehicles is being kept should contact the local Garda station or the confidential Garda telephone line at 1800 666 111. Every single one of these machines must be removed from streets, estates and back gardens.

A wider conversation needs to take place about e-scooters and electric bikes, many of which are also being used for illegal activities or antisocial behaviour by underage riders. Anything with an engine belongs in a proper licensing, insurance, taxation and testing regime. I look forward to hearing from the Minister of State about the immediate enforcement timeline and the operational details. Grace Lynch's family, and every family across the country, really deserves to hear this.

IND Seán Canney

I thank the Senator for raising this important matter. I convey my sincere sympathy to the family and friends of the late Grace Lynch, who was so tragically killed at a pedestrian crossing as she was out for a walk. It is unbearable to think people are not safe while out walking like that. There is an onus on us all as public representatives to tackle the issues in this regard.

I will clarify a few issues that may be causing confusion for the public. The Road Traffic and Roads Act, which was enacted in June 2023, provided enhanced enforcement powers for the Garda in respect of antisocial behaviour by riders of scramblers. The Act introduced three key measures in relation to scramblers. In combination, those measures have substantially prohibited the use of scramblers in public places and their dangerous use anywhere. I want to be clear that there is no lawful reason for most scramblers to be on our public roads and that An Garda Síochána has the relevant enforcement powers it needs to police compliance with the legislation, as I shall outline.

The 2023 Act made dangerous driving an offence everywhere, whereas it had previously been an offence only in public places. The Act also enhanced the Garda's powers of vehicle seizure such that members of the force have the power to seize a scrambler being driven dangerously in any location. Moreover, members of An Garda Síochána can enter the curtilage of a dwelling to seize a scrambler. This allows them to seize a vehicle that was detected earlier. High-speed pursuits may endanger gardaí and the drivers of those vehicles, meaning it may be necessary to seize the vehicle later, when it is safer to do so. In 2024, gardaí seized 124 scramblers. The latest figures show that by the end of October 2025, they had seized another 113 scramblers. The third key measure in the Act is that it enables the Minister for Transport to make regulations to prohibit or restrict the use of certain classes of vehicles in particular places.

These three provisions should be read together, given their interlinked nature. They were all commenced by SI 392/2023 in July 2023. Since that date, it has been an offence to drive dangerously anywhere and An Garda Síochána has had the necessary enforcement powers to seize a vehicle that is being driven dangerously. While the commencement of the third provision created regulation-making powers to restrict certain classes of vehicles, any such regulations will be incremental on the other restrictions, and no regulations have yet been made.

My Department has been conducting stakeholder consultation on the potential content of any additional regulations in terms of what might be added to the existing prohibitions and restrictions. The regulations are at an advanced stage of development. I have made it clear, on the public record and with my officials, that I want to be presented with these regulations for signature as a matter of urgency. Following a Government meeting yesterday, I can confirm that the Government has agreed to introduce regulations to ban the use of scramblers on public roads and in public places and a memorandum outlining this will be brought to the Cabinet in the coming weeks.

Stakeholder consultation is a normal part of making any regulations under the Road Traffic Acts to help ensure they are practically enforceable and provide the required powers to achieve a given road safety end. While An Garda Síochána is a key partner, given its exclusive role in enforcement, impacts on the Courts Service must also be considered.

The Road Traffic and Roads Act provided significant enhanced enforcement powers for the Garda in relation to scramblers. In effect, these provisions ensure the Garda has the powers to enforce dangerous driving laws with respect to scramblers and seize dangerously driven vehicles, whether a scrambler is being driven on a public road, in a public space or in a private space. As a matter of urgency, my Department is progressing regulations to further strengthen the existing legal position and provide additional enforcement powers for An Garda Síochána.

FF Alison Comyn

I welcome the decisive action that has been taken in the past couple of days. The statistics the Minister of State mentioned regarding seizures in the past two years are probably cold comfort to the families of Grace Lynch and Jason Monks and, indeed, those of the eight fatalities arising from the use of e-scooters, e-bikes and quad bikes over the past couple of years. We need to see enforcement in the coming days and weeks. People must have confidence in the new restrictions. Even in the past few days, I have heard from people in my own town and county that near misses are still happening.

They can still hear scramblers on the estates and local fields. The message has clearly not got through to those using the scramblers. That is what we have to make sure is happening. There has to be a fear of consequences now. We need to see that decisive action in the next couple of weeks. I look forward to that.

IND Seán Canney

There are a few elements to this. There is the legislation, enforcement and then we come back to the basic question about antisocial behaviour. It is important that we act on all of this across government. As I outlined earlier, we have agreed to introduce regulations that ban the use of scramblers on public roads and in public spaces. That memo will come to the Government in the coming weeks.

Under the 2023 Act, dangerous driving is an offence everywhere, not just in public spaces. The Act also empowers members of the Garda to seize a scrambler if the Garda member's reasonable belief is that the vehicle has been, is being or will be driven dangerously in any location. While the use of scramblers on the roads may be legal in certain cases at the moment before this regulation is updated, it is always an offence to drive them dangerously. Gardaí have enforcement powers to stop and seize the vehicle where this is the case. There is another issue relating to the gardaí seizing the machine. What happens with the machine then? We are looking at that as well. The Senator mentioned consequences. One of the consequences is in relation to what happens with the scrambler - the offending machine - that has been seized. That is something that we are actively looking at.

I wish to stress this for the general public. Gardaí have powers of enforcement right now. They can stop people and they can bring people to court. They can seize these if they are being driven dangerously. The active ongoing enforcement of the legislation by gardaí will be a significant deterrent to those using vehicles illegally and in an antisocial manner. I welcome that gardaí have been seizing these scramblers over the past two years. The legislation that was introduced in 2023 has been enacted and it is being enforced. Maybe there has not been enough enforcement. An Garda Síochána has had numbers that were not the required numbers. The numbers are building. As the numbers of gardaí are building, we will see more and more coming into road traffic policing.

I am doing a promotion of driving safety for this weekend. It is a bank holiday weekend. My plea to the public is no matter if they are in a car, truck, van or on a bicycle or motorbike or whatever form of transport they have, they have a personal responsibility as well. It is important that people remember why they are going on a journey. They are going on a journey to get to a destination. That is the primary objective. Some cars are like offices and cinemas. They have all kinds of screens and so on in the cars. These are distractions. The mobile phone is a distraction. I have asked people, young and old, when they get into a car to check their surroundings, put on their seat belts, put their mobile phones in the glove compartment and tell their passengers not to use their phones while they are in the car. It could be a passenger that says to a driver, "Look what's on the phone." The driver will get to see that when they arrive at their destination. The primary purpose of using transport is to get from A to B safely.

The Senator mentioned education. Next week, the Road Safety Authority, RSA, will present in the audiovisual room. I hope that all Oireachtas Members will attend. It shows what is being done, how it is being done and making people aware of all the work that is going on in terms of education at preschool level, national school, secondary school, transition year and third level education. The RSA and safety officers around every local authority are engaging in all of this. It is important that we keep telling people and reminding them that they need to be safe on the roads. It should be an agenda item for every meeting. For young fellas and girls coming together to train for football, hurling, camogie, soccer, rugby or whatever it may be, the last item on the agenda after a training session should be, "Take care going home. By the way, I see you don't have a hi-vis jacket, here is one." They are available. The RSA will provide them. Small things matter. As public representatives, it is important that we continue to encourage people to do the right thing.

I thank the Senator for tabling this Commencement matter. I think of the parents and family this week and what they are going through. Again, I offer my sincere sympathies on behalf of the Government, the Department and everybody in Ireland on such a tragic loss of a beautiful young girl.