David Stanton (Cork East, Fine Gael) | Oireachtas source

I move amendment No. 6:

In page 5, lines 6 to 12, to delete all words from and including “Notwithstanding” in line 6 down to and including line 12 and substitute the following:"Notwithstanding any other enactment or rule of law, a summons may be issued under and in accordance with the Act of 1986 in respect of a fixed charge offence within the meaning of Part 3 (amended by Part 5 of the Road Traffic Act 2016) of the Act of 2010 in the circumstances provided for by the Act of 2010 where the fixed charge offence is alleged to have been committed by a person who is a member of the Garda Síochána.".".

This provides for the amendment of section 3 of the Bill by the insertion of enhanced alternative language. Section 3 of the Bill provides for an exception to made from the general rule that a summons against a person who is a member of the Garda Síochána shall be signed by a judge. This procedure cannot be accommodated in the proposed new streamlined arrangements for the creation of a summons in an automatic manner. Section 3(1)(a) in the published Bill directly relates to the operation of the third payment option and is therefore an essential component of this Bill. It is being replaced by the new and clearer language prepared in consultation with the Advisory Counsel and Parliamentary Counsel with amendment No. 6. Section 3(1)(b) is not directly linked with the third payment option and would not form part of that system when it goes live. The case for its inclusion in this Bill now has receded following further consideration of the overall policy framework, including relevant road traffic legislation and following further consultation with Advisory Counsel, Parliamentary Counsel and the Department of Transport, Tourism and Sport. Accordingly, it is proposed that for present purposes, section 3(1)(b) will be deleted from the Bill and it will be revisited as part of a wider review of the summons process under which it is a more logical fit.