GARDAÍ GAINED powers to move beggars on from shopfronts and bank machines under a new law that came into force yesterday.
Beggars found to harass or intimidate people when asking them for money are also liable to prosecution under the Criminal Justice (Public Order) Act 2011.
“Under the new law, a person who begs in an aggressive, intimidating or threatening manner will be guilty of an offence. New powers will enable An Garda Síochána to direct anyone begging near ATMs, night safes or shop entrances to leave the area,” said Minister for Justice Brendan Smith in a statement.
“I believe that power will be all the more effective because it is directed at specific locations. By avoiding the need for prosecutions and sentences, it represents a more effective way of dealing with the problem,” he added.
The new law on begging was initiated by the Government following a High Court decision which ruled the old law, dating from 1847, was unconstitutional. Under the old law people could be prosecuted for begging. However, the High Court ruled the law was “vague” and represented a disproportionate interference with the Constitution’s provisions on freedom of expression and freedom to communicate.
The new law does not criminalise uninvited approaches from beggars. Instead it focuses on begging when it becomes a public nuisance or when beggars engage in intimidation.
Two new offences have been created by the law, one on the organising and directing of begging and one on living off the proceeds. The new law carries severe penalties of up to five years’ imprisonment or a fine of €200,000 or both.
“I am well aware that those who beg are often coping with severe personal circumstances but I feel the public want to see that the public order aspects are addressed,” said Mr Smith.