Government considering UK-style legal protection for gardaí chasing scramblers

During questions on scramblers, Fianna Fáil TD Tom Brabazon asked whether the Government would consider introducing a statutory indemnity for gardaí acting reasonably while pursuing people driving scramblers and other vehicles recklessly and illegally.
Government considering UK-style legal protection for gardaí chasing scramblers

David Forsythe

The Government is considering introducing UK-style legal protection for gardaí involved in scrambler pursuits, the Justice Minister has told the Dáil.

During questions on scramblers, Fianna Fáil TD Tom Brabazon asked whether the Government would consider introducing a statutory indemnity for gardaí acting reasonably while pursuing people driving scramblers and other vehicles recklessly and illegally.

Minister Jim O'Callaghan said greater enforcement was needed and pointed to the introduction of Grace's Law, which he described as a “seminal moment” that had changed attitudes to tackling the problem.

He said more than 1,000 scramblers and e-bikes had already been seized by gardaí in 2026, a considerable increase on last year.

“I want to see that continue,” he said.

The Minister said he had spoken to the Garda Commissioner, who had publicly emphasised the need for “a much more robust response” from An Garda Síochána.

While saying gardaí must use their discretion when deciding whether to pursue a scrambler, he suggested technology such as drones could help identify where offenders were going and reduce the need for pursuits.

O'Callaghan also revealed that he and O'Brien are examining legislation in the UK that provides legal protection for police officers involved in vehicle pursuits.

Under the Police, Crime, Sentencing and Courts Act 2022, a police officer is only liable for dangerous driving if “the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training.”

Brabazon said stronger action was needed, including greater accountability for scrambler importers, more Garda pursuit training, increased intelligence gathering and greater community involvement.

He said criminal gangs were using scramblers to transport drugs and intimidate communities.

O'Callaghan agreed the issue required “a whole-of-government response,” combining policing, criminal justice measures and youth diversion programmes.

He said Grace’s Law allows gardaí to seize scramblers being used unlawfully in public places.

“The most important thing is strong Garda enforcement, so people who are in public places on scramblers have their bikes seized and retained,” he said.

He added that communities should not be “terrorised” by people using scramblers and said the bikes should be seized whenever they are found being used in public places.

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