Pat Gallagher (Donegal South West, Fianna Fail)

Continental systems governed by civil law have a different approach and it must not be assumed that we could adopt the sort of system which may be in operation in much of Europe, and which is in operation in many parts of Europe. There are administrative sanctions with which we would have no great difficulty provided we could find a structure for them. Some 86% of arrests in Europe are dealt with by way of administrative sanctions for minor offences. Nobody is suggesting they should apply to any offences other than minor ones — the courts should deal with the others. I am advised, on the basis of Article 33 of the Constitution that this system creates a difficulty.

In the context of the concerns expressed by the Joint Committee on Communications, Marine and Natural Resources, chaired by Deputy O'Flynn, the Attorney General has reviewed the legal position. He has confirmed that under the Irish legal system and Constitution, administrative penalties are not possible in respect of these types of offences.

See this speech in context