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The Garda Síochána Guide (2)

A well-wisher has directed me to page E-137 of the Garda Síochána Guide, in answer to the query (implied) as to the offence of the Dog Poop Girl, (if any), if she were to feature on the Luas or the DART.

It refers to Section 22 of the Litter Pollution Act 1997 and reads;

22.—(1) Where faeces has been deposited by a dog in any place to which this subsection applies, the person in charge of the dog shall immediately remove the faeces and shall ensure that it is properly disposed of in a suitable sanitary manner.

(2) Subsection (1) applies to a place that is—

( a ) a public road,

( b ) land forming part of a retail shopping centre,

( c ) a school ground, sports ground, playing field or recreational or leisure area,

( d ) a beach,

( e ) the curtilage of a dwelling the occupier of which has not consented to the presence of the dog in the curtilage, or

( f ) such other place as may be prescribed.

(3) Subsection (1) does not apply in respect of—

( a ) a guide dog kept and used for the guidance of a blind person,

( b ) a working dog being used—

(i) for the herding of livestock, or

(ii) by a member of the Garda Síochána or the Customs and Excise service in connection with the official functions of the member, or

( c ) a dog in such other circumstances as may be prescribed.

(4) A person who contravenes subsection (1) shall be guilty of an offence.

Neither the Luas nor the DART are encompassed by 22 (2) (a) or (b) or (c) or (d) or (e);

What of 22 (2) (f)? “Prescribedâ€? means prescribed by the Minister. So, if the Minister has prescribed the Luas and/or the DART under the Section, the Dog Poop Girl will have no complaints under Article 7 (1) of the ECHR as “transposedâ€? into Irish law by Section 3 of the European Convention on Human Rights Act 2003.