CERTAIN KINDS of begging will incur a maximum €700 fine or a one-month prison sentence, under legislation to be introduced by Minister for Justice Dermot Ahern.
The Government yesterday approved the terms of a Bill, giving effect to the measure, which will be published over the next few months.
Mr Ahern said that the legislation would represent the first reform in the laws covering begging since the Famine.
"There are various reasons why the law on begging needs to be reformed, not least the fact that some vulnerable members of the public are often fearful when approached on the streets by individuals," the Minister for Justice added.
Mr Ahern's decision to introduce the legislation follows the High Court judgment that the current law was unconstitutional.
The court found that section 3 of the Vagrancy (Ireland) Act, 1847, was too vague and incompatible with the Constitution's provisions on freedom of expression and freedom to communicate.
The court stated that there was nothing in its decision preventing the Oireachtas from enacting new laws to control begging.
Mr Ahern said yesterday he was satisfied that the new legislation would meet the constitutional concerns identified by the court.
He said that intimidation and threats of violence were sometimes used by those involved in begging and women and the elderly were often fearful for their personal safety.
It was very distressing, the Minister added, to witness young children effectively forced on to the streets to beg by sinister adults.
"Business and tourist interests are damaged by begging on the streets of our cities and towns," Mr Ahern said.
"The current law does not provide the Garda with the powers to effectively police this problem."
Mr Ahern stressed that the new law would recognise that circumstances could arise where asking for help was not to be regarded as begging.
"An example would be a young person not having enough money to pay a bus fare late at night," he added.
Mr Ahern said that most people would accept that it would be wrong to criminalise a person who asked for assistance in such instances, provided there was no harassment or intimidation of those from whom the help was sought.
However, he added, he knew that aggressive begging was an issue which gave rise to a lot of difficulty for traders and local communities.
"I am satisfied we are dealing with it in an effective manner," he said.
"The existing law is completely out of date."
