Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 82:

In page 52, before section 47, to insert the following new section:47.—(1) A person who is served with a summons in respect of an offence referred to in section 46(1) may pay an amount as stated in a notice which may be served with the summons on the person in respect of the alleged offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the amount stated in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons.
(2) A notice served under subsection (1) may be served by the Authority.
(3) The amount stated in a notice served with a summons on a person under subsection (1) shall be an amount 100 per cent greater than the prescribed amount stated in the fixed payment notice served on the person, in accordance with section 46, in respect of the alleged offence.
(4) A payment under subsection (1)—

(a) may be received only within the period referred to in subsection (1) and in accordance with the payment notice, and
(b) is not recoverable by the person paying it.

(5) The person receiving a payment under subsection (1) may issue a receipt for it.
(6) Any sums received under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.
(7) Where a person is served with a summons in respect of an offence referred to in section 46(1), evidence given by the person that he or she was not served with a fixed payment notice in accordance with section 46 in respect of the alleged offence is not a defence to the alleged offence.
(8) In this section “summons” means a summons issued under—

(a) section 10 of the Petty Sessions (Ireland) Act 1851, or
(b) the Courts (No. 3) Act 1986.”.

The proposed new section 47 provides that when a person is served with a summons for an offence that is specified in section 46(1) of the Bill - i.e. a fixed payment offence - a notice may issue with the summons allowing for a further period of seven days within which a fixed payment can be made. The payment will be double the amount specified in the original fixed payment notice. This effective third fixed payment period mirrors the provisions under section 44 of the Road Traffic Act 2010 with regard to fixed charge offences for contraventions of the road traffic legislation. It is envisaged that this proposed provision will be commenced at such time as the third payment option comes into effect under road traffic legislation. This facilitates greater clarity concerning the SPSVs that are in future to be specified as fixed payment offences under section 46 of the Bill. Fixed charges are to be enforced by An Garda Síochána as provided for under section 61 of the Bill. This standardises the situation.