THE Government is to launch a clampdown on the growing army of aggressive street beggars.

New measures will be aimed at Fagin-type figures who exploit young children and vulnerable women and will also focus on beggars who use harassment, obstruction or intimidation when dealing with the public.

Changes in the legislation will make it a criminal offence to place children at risk by sending them onto the streets and roads to beg.

Reforms of the existing law have been sanctioned by the Cabinet and will be published today by Justice Minister Dermot Ahern.

A new offence will carry a maximum penalty of a month in jail and a €700 fine.

The current legislation was introduced at the time of the Great Famine in 1847 and is now seen as completely unworkable in dealing with an increasing problem.

The reforms have been drawn up in the wake of a High Court judgment, which found the law to be unconstitutional.

Gardai are to be granted new powers to arrest and charge people who fail to comply with an order to stop begging. This will become a public order offence if it is accompanied by harassment, obstruction or intimidation.

However, the law will also recognise that circumstances can arise where asking for help cannot be regarded as begging, according to justice officials.

They said it was not the intention to criminalise a young person who did not have the money to pay a bus fare late at night, provided the appeal for help did not involve an attempt at intimidation.

Officials said Mr Ahern held the view that there were a number of reasons why the law on begging needed to be overhauled. Many people, particularly the elderly and vulnerable, found it upsetting to be approached by somebody who was begging, especially if there was a threat of violence.

Begging could damage business and was seen as hurting the country's image as a tourism and business destination.

Challenge

The High Court challenge to the 1847 legislation was taken by 33-year-old graduate, Niall Dillon, who had been charged with begging on Parliament Street, Dublin, in September 2003.

Mr Dillon said he was sitting outside the shop with a cup in a quiet and peaceful manner when he was arrested.

The judge made an order preventing his trial on the basis that section 3 of the act excessively interfered with Mr Dillon's right of freedom of expression.

The Department of Justice is satisfied the new legislation will meet the constitutional concerns identified by Mr Justice De Valera.

Mr Ahern will publish the bill early in the new year.