Why are there so many laws in Ireland that are not enforced?

Analysis: As the number of criminal offences and statutes grows, it’s possible no one knows the exact number of such offences that already exist in Irish law

In response to a recent increase in e-scooter accidents, the Government has announced a series of new regulations regarding the use of e-scooters. The first of these, S.I. No. 455/2026, came into operation on 4 September and introduced rules around the wearing of helmets and high visibility clothing. The second, S.I. No. 489/2026, came into operation on 2 October and increased the minimum age for e-scooter usage from 16 to 18.

This Government response is a typical kneejerk reaction to an issue of social concern receiving attention in the media. In order to be seen to be doing something to tackle the issue, a new criminal offence is created, even if there are not sufficient resources to effectively enforce the new law and/or there are sufficient provisions already to deal with the issue.

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Writing in a much cited essay in the Law Quarterly Review in 2000, Prof Andrew Ashworth commented that “politicians, pressure groups, journalists and others often express themselves as if the creation of a new criminal offence is the natural, or the only appropriate, response to a particular event or series of events giving rise to social concern”.

In the context of e-scooters, many have pointed out that there were already detailed e-scooter regulations in force which were not being enforced enough as it was. There may be short-term political points that can be scored by the perception that the social issue of e-scooters is being responded to. However, in the long-term, adding more regulations that cannot be effectively enforced to an already bloated list of criminal offences in Ireland risks causing more harm than good.

The decision to introduce even more e-scooter regulations has significant resource implications for An Garda Síochána. The Garda Representative Association has already admitted that enforcement of these new laws “is likely to be weak”, noting issues with the lack of any registration system for e-scooters, and that gardaí are not trained to chase e-scooter users who refuse to stop.

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When faced with limited resources, it may fall on An Garda Síochána to prioritise which laws should be actively enforced and which should not. If the public perceives that An Garda Síochána is not enforcing certain laws, it could harm the public’s trust and respect for the organisation, which has traditionally received very high levels of public satisfaction and trust.

This could lead to a greater reluctance from victims to report criminal offences. It can also reduce the public’s respect for the criminal law more generally. If a person sees another breaking the law without consequences, it risks sending the message that criminalisation is largely symbolic and that criminal laws do not need to be taken seriously.

Selective enforcement could also risk Ireland’s compliance with the Rule of Law, which requires all citizens are equally subject to the law. Where a law is generally not enforced because of a law enforcement policy or resource limitations, there is a risk that this law could still be used against citizens in an inconsistent and arbitrary manner.

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Even if these new regulations could be effectively enforced, there is a strong argument that continuing to create new offences as a kneejerk reaction has led us to accumulate a body of criminal law that has become too complex. There are thousands of different pieces of legislation in Ireland which contain criminal offences. Some relevant rules also come from court judgments.

The Rule of Law requires that legal rules be public and precise, as it is not generally a defence for an accused to argue that they did not realise that the conduct they committed is illegal. As citizens, we are all under an obligation to familiarise ourselves with the law. As the number of criminal offences and statutes continue to increase, that obligation is becoming more and more difficult to fulfil.

It is possible that no one knows the exact number of criminal offences that already exist in Irish law. In 2000, Ashworth gave a conservative estimate of 8,000 criminal offences in England. Writing in 2015, Dr Conor Hanly stated that it was “likely” that the number of Irish offences was similar.

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Whilst there has been some attempt in recent years through the Statute Law Revision Programme to tackle outdated pre-1922 legislation, the total number in Irish law could have already exceeded the estimates discussed by Hanly given the hundreds of new criminal offences that are being created each year (which can be seen by even a cursory glance at the Irish Statute Book). There is no way to know how many of these offences are being actively enforced, and there is no easy way for the public to find a relevant legal rule. It is also likely that there is significant overlap and unnecessary duplication.

If the criminal law was to be codified, it would make it more accessible for the public and legislators. A Criminal Law Codification Advisory Committee was established in 2007 to codify Irish criminal law into “one easily accessible instrument”. The Committee published an initial draft code in 2010, but there has been no significant work done since.

As recently as 2020, then-Judge of the Supreme Court Mr Justice Peter Charleton, and the Law Society of Ireland both called for a codification of criminal law. Such a codification would be a long and expensive process, but it would have the benefit of allowing the Government to better understand the existing law and the resources that are needed by An Garda Síochána to enforce, before proposing unnecessary or unworkable modifications and duplications. It would also help them identify and repeal offences which are outdated and no longer enforced.

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The views expressed here are those of the author and do not represent or reflect the views of RTÉ

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