Daughter of woman killed by e-scooter says planned legislation is progress

Vivienne Clarke

The daughter of a woman who died after being knocked down by an e-scooter has described planned legislation on e-scooters as progress.

Denise McDonald’s mother, Peg Bernie, died in June 2023, three days after she was knocked down by an e-scooter driven by Aaron Gumbel who was sentenced to eight years in prison in October 2024.

McDonald told RTÉ radio’s Morning Ireland that high-vis jackets, helmets and increasing the legal age for their usage were all welcome moves.

“What has been difficult for me is that in all of the conversations of late, the people, and I say this with the utmost respect and acknowledgement of all families affected by anybody at all, no matter what the circumstances, who have lost somebody or someone belonging to them has been injured by an e-scooter, but our situation with our mother isn't part of the narrative currently.

“I would love to see the guards, and everybody resourced properly so that they have the ability to enforce the laws as they currently exist.

"We were talking about e-scooter changes three years ago when my mum was knocked down, and the situation with them is worse than ever.

“Whilst it's encouraging, it's difficult to accept or believe that things are going to change very quickly.”

When asked if she would like to have seen an outright ban, McDonald acknowledged that many people use e-scooters responsibly, “if we can't immediately change behaviour, at least an outright ban until we get our ducks in a row, until we have the resources there to legislate and enforce the laws as they're going to change, then yes, I would have supported a ban.”

Aaron Gumble had pleaded guilty to dangerous driving causing death, leaving the scene and theft of an e-scooter.

Mary Bernie (87) died from her injuries three days after she was struck in Eccles Street, Dublin.

Gumble had been on bail for theft offences at the time; he was sentenced to eight years, with the final 18 months suspended. He was also disqualified from driving for 10 years.

McDonald said she hoped that other families would be saved from the “immeasurable loss” her family had suffered.

Tanaiste Simon Harris has said that two things could immediately help the situation with e-scooters: parents not buying them for their children and shops stopping their sale.

The figures in relation to incidents involving e-scooters and children were “extraordinarily stark”, he told RTÉ radio’s Morning Ireland.

“Every single day in Ireland now, between one and two children this summer are turning up in emergency departments with e-scooter injuries, and around a third of traumatic head injuries in our children are now being caused by e-scooter injuries. The biggest cause of children ending up in ICU is e-scooter injuries. So the data's stark and we have to act.”

It was already illegal for children under 16 to use e-scooters.

“So the first thing that has to happen in this country, I need to be blunt about this, is behavioural change. There should be no parent in Ireland thinking that an e-scooter is a toy.”

There will be penalties that will be applied to parents, he said.

“Next month we're going to sign regulations that will bring in a number of changes. It'll actually make it illegal for anyone under the age of 18 to be on an e-scooter. It'll make it mandatory that you wear a helmet, mandatory that you wear high-visibility clothing.

“And it will also increase the fines if you breach the rules." 

However, he said he understands the arguments made that it shouldn't be simply down to gardaí to chase down e-scooter users.

“I think our frontline gardaí are being asked to do too much here. I think it's too easy to pass laws in Leinster House that look like you're doing something, but if you're a rank-and-file member of An Garda Síochána, you know it's not practical to implement it.

“Yes, the gardaí would have to enforce the law, absolutely. But actually we're trying to say, in the first instance, we should be keeping these vehicles off the street in terms of the use of children and the use of speeds that aren't appropriate.  

“The big priority is to try and cut off at the point of sale larger problems occurring. And that's really where our focus needs to be.”

He said legislation that will be delivered in September-  and details of which will come to Cabinet next week - will "change the whole structure here and make the obligation be on the retailer".

"So the point of sale, this is how we've made progress in terms of the sale of alcohol. It's how we've made progress in terms of gambling, it's how we've made progress in a load of areas. It's the point of sale. So we're going to have to register the vehicle. And the person selling.

“Probably either through a system that will be set up with retailers or the Revenue Commissioners. So we could decide to go for a tax and insurance model. We could decide to go for pay-a-fee on point of registration. But the point I'm making is you will not be able to just walk into a shop, buy an e-scooter and head off on your merry way.”

It was difficult to enforce some laws at present because of the lack of a registration system, he added. “That's changing as a result of our decisions.”

The Government was following the evidence of what had worked in other countries. “You follow, quite frankly, what's practical and doable. As you say, there could be tens of thousands, if not more, e-scooters already out in circulation here. I think it's better and safer to have a regulatory system, one that is enforceable and one that keeps our kids off them.

“We don't ban everything that's dangerous. What we do is regulate them and put strict rules around them. And at the moment, this is a system that is largely unregulated.2