Éamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

I move amendment No. 78a:

In page 45, subsection (1), line 20, to delete “has reasonable grounds” and substitute “evidence”.

My basic point is there should be evidence rather than reasonable grounds in this section, which gives far too much power to fine people willy-nilly. I also indicated my intention to oppose this section and that Fianna Fáil would not allow on-the-spot fines at all. I acknowledge the idea was to take the process out of the courts and, to a point, so doing is very neat and handy. However, someone who was trigger-happy could fine one on what he or she considered to be reasonable grounds and then allow one to appeal to the courts. Consequently, it could work contrariwise to the intention of the Minister.

I acknowledge the Minister's intention is to remove this process entirely from the courts. That is fine in the case of speeding or parking offences, because there is a 99% certainty that the person concerned has parked illegally if one finds him or her parked on a double yellow line or without a parking ticket and so on. Similarly, in the case of a speed gun, it is not merely reasonable opinion but is a little stronger than that, as there is much evidence that the person concerned was speeding. In this case, however, the Bill proposes to allow on-the-spot fines on the basis of reasonable opinion, not evidence. As I noted, instead of taking the law out of this, a trigger-happy official could start firing out on-the-spot fines all over the place on the basis of his or her reasonable opinion while stating those who did not like it could go to court.

That is like telling someone who is refused planning permission in Galway to go to An Bord Pleanála. There is no chance there.