Imelda Munster (Louth, Sinn Fein) | Oireachtas source

Looking at the response we had got back in respect of offences that were before the court or the judge for holding a mobile phone while driving, the figures state that there were 3,886 offences that did not result in a conviction. The second paragraph on page 2 is problematic and I will outline why.

First, it says that the Courts Service does not record the reasons for any strikeout. Second, it states that prosecuting gardaí do not offer to the court reasons as to why the matter should be struck out and that a judge may withdraw an offence at the request of An Garda Síochána. It is concerning that the Courts Service does not keep records as to why a case is struck out. We are seeking clarification on the reason the service does not keep those records in the first place. Is it a case that it is just in this instance, or is it more widespread?

There are questions around the issue of a judge being able to withdraw an offence at the request of An Garda Síochána. No explanation or examples are provided as to what the reason for doing so would be. Perhaps the Comptroller and Auditor General could say whether there is a role here for the Committee of Public Accounts or if there is a way it can investigated further. I am saying that on the basis that we are all familiar with all of the problems with the PULSE system and penalty points. I do not think that it is as transparent as it ought to be. If there are reasons for striking out cases, they should be outlined, but there are quite a substantial number, and we do not fully understand why an offence can be withdrawn at the request of An Garda Síochána. What would the list of reasons be? Why does a reason not have to be offered to the court?