Michael McDowell (Dublin South East, Progressive Democrats)

I am informed by the Garda authorities that the Garda Síochána possesses 408 laser speed detection units which were purchased between 1 December 1995 and 8 January 2002. All of these laser speed detection units were purchased strictly in accordance with national and EU public procurement guidelines. In all cases sanction was received from the Government contracts committee and the Department of Finance for their purchase.

A speed detection unit produces a visual measurement of the speed of a vehicle, but does not record this in a form which can be subsequently reproduced. The unit records the speed but does not give rise to a permanent record of it. The garda who detects a speeding offence, using such a unit, intercepts the motorist on the spot and issues a fixed charge notice on which the garda records particulars of the speed measurement.

The Department of Transport is carefully studying a recent case in which the District Court in Cork dismissed a prosecution for speeding where a garda had used a hand-held speed detection unit on the basis that no record was produced by that unit and furnished to the accused person before the commencement of the trial for the offence. The issue arises from the District Court's interpretation of section 21 of the Road Traffic Act 2002. Section 21 of that Act provides that the onus of establishing prima facie proof of a constituent of a range of road traffic offences, including speeding, may be discharged by tendering evidence of measurements or other indications that were given by electronic or other apparatus, including a camera, and that are contained in a record produced by that apparatus. It further provides that, in proceedings for an offence, a record or a copy of the record shall be prima facie evidence of the measurements, and that a copy of the record must be given to the accused before the trial.

The Department of Transport has sought legal advice from the Attorney General on the implications for the use of speed detection units, including the question as to whether a change to the Road Traffic Act is required. If an amendment to the Act is required, I understand that the Minister for Transport is likely to include it in the Road Traffic Bill which is due to be published shortly.

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