KILDARE: Councillors demand for Jake's Law to be implemented in housing estates

A large amount of councillors have stressed to Kildare County Council (KCC) their belief that Jake's Law should be implemented in housing estates throughout the county.

The legislation is named after the late Jake Brennan, a six-year-old who was tragically knocked down and killed in County Kilkenny in 2014, after being hit by a car in his home estate.

At the latest full KCC meeting, which was held virtually yesterday afternoon two Social Democrats Cllrs, Aidan Farrelly (Clane-Maynooth Municipal District) and Bill Clear (Naas MD), put forward the following motion: "That this council agrees to form a special committee in preparation for any changes to legislation regarding speed limits by Government and to pursue the implementation of Jake's Law in County Kildare."

A similar motion was put forward by Fine Gael Cllr Peggy O'Dwyer, who serves the Kildare-Newbridge MD, and thus KCC took the motion alongside the one raised by Cllrs Farrelly and Clear.

The first motion was seconded by Social Democrats Cllr Chris Pender, who serves the Kildare-Newbridge MD, while Cllr O'Dwyer's motion was seconded by her party colleague, Fine Gael Cllr Fintan Brett of the Naas MD.

In its report at the meeting, KCC issued the following response to both motions: "The Minister for Transport Eamon Ryan TD and Minister of State Jack Chambers TD announced the publication of the final report emerging from the recently finalised
Speed Limit Review on September 14, 2023.

"This Speed Limit Review, which is a high impact action under the Government’s Road Safety Strategy 2021-2030, makes a number of recommendations."

KCC continued: "Changes to the default speed limits will require primary legislation and it is envisaged that this necessary legislation could be passed in Q1 2024.

 "Statutory guidelines will also be updated such that implementation of the Review’s recommendations can
commence during 2024.

"As agreed with the members previously it would be premature to make changes at this time in advance of revised guidance from the Department of Transport and the formation of a committee may result in abortive work and expense by diverting
resources from other priorities," KCC concluded.

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Cllr Farrelly took issue with the report, and questioned 'what exactly is stopping us (KCC) from implementing it?'

He added that he was aware of 'many precarious roads' throughout the county that could avail from the implementation of Jake's Law.

Cllr Farrelly's sentiments were shared by Cllr Clear, who said it was important to note the origin of Jake's Law.

He also pointed to a recent increase in pedestrian deaths, as well as accidents involving cyclists and electric-scooter users.

Cllr Clear added: "The guidelines (from KCC) were reviewed in 2017; we have all the work done, it just needs to be passed.

"We know that it (Jake's Law) is coming, we just need to go through the statutory process."

He concluded: "People's lives are at stake."

Cllr O'Dwyer pointed out that Fianna Fáil Cllr Naoise Ó Cearúil, who serves the Clane-Maynooth MD, previously asked KCC to seek legal advice regarding the implementation of Jake's Law back in December of 2022; a motion which passed.

Green Party Cllr Peter Hamilton also weighed in on the matter, saying: "A lot of us here have spoken about this issue for, literally, years, and we took a lot of heat for being one of only two local authorities to reject implementing the law in 2017.

"We have seen carnage on our roads since, and nearly all of it is in 80 kilometres per hour stretches (of land).

"It is like we are out of tune, we need to put in something, and we need to do it now."

Cllr Pender, who proclaimed his support for his party colleague Cllr Farrelly's sentiments, added that it was clear that Jake's Law needs to be implemented 'before we lose anyone else.'

He also pointed out road traffic incidents that have happened in a number of Newbridge estates. 

Other councillors in favour of the motion(s) were Fine Gael Cllr Tim Durkan of the Clane-Maynooth MD and Fine Gael Cllr Joseph Neville of the Celbridge-Leixlip MD.

Fianna Fáil Cllr Michael Coleman, who serves the Celbridge-Leixlip MD, voiced his belief that the creation of a committee 'would be premature,' and noted that he previously voted against the speed limits in 2017.

"We need to see the guidelines first," he said.

After hearing out the councillors, KCC representative Celina Barrett, who is the Acting Director of Services - Transport, Mobility & Open Spaces, said that primary legislation changes and updates to existing Bye-Laws are required.

She added that the earliest target for these would be Q1 of 2024.

"There is a whole body of work here," Ms Barrett said, and agreed with Cllr Coleman that the creation of a committee 'would be premature.'

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'NO SILVER BULLET'

In response, Cllr Farrelly remarked: "We are being asked to trust the govenrment with this timeline and process, but the truth is, I don't, and I don't think we (referring to the rest of the councillors) should."

"We do have limited powers (to enact legislation), but they are still powers... I have no faith in the Q1 2024 target."

Cllr O'Dwyer also told Ms Barrett: "Guidelines are just guidelines... you can fluff a guideline."

Ms Barrett then re-iterated her comments that changes to legislation and Bye-Laws would be required first/

She added: "We (KCC) did seek legal advice, and we were told that since this council made the decision back in 2017, we have been sent back to the start of the pre-draft consultation.

"I think the clock has gone for certain new Bye-Laws."

Ms Barrett continued: "My understanding is that the Q1 2024 target for legislation guidelines will relat to how the local authorities deviate from the statuory (national) standard.

"Following this, then the (next) target for implementing Jake's Law could be late 2024 or early 2025."

KCC's Chief Executive, Sonya Kavanagh, told members that she is 'fully aware of the concerns, and why it (Jake's Law) has been brought up repeatedly.

"We also accept that members were in a different position at the time (in 2017)... but the bottom line is this: there is no silver bullet to get around this situation, the process is very clear."

It was heard that the regular updates on the matter would be placed on KCC's monthly management reports.