Billy Timmins (Wicklow, Fine Gael)

I wish to share time with Deputy Mildred Fox.

I am here to try to find out from the Minister for Justice, Equality and Law Reform, or his representative, what went wrong in the prosecution of speeding fines in Wicklow, following the decision of the courts to dismiss 238 speeding cases in the county on Friday, 2 June. In the course of his judgment, the judge criticised Wicklow County Council for not being forthcoming with information about the issue and the resultant confusion led to the dismissal of the cases. A number of issues need to be considered.

Wicklow County Council was not a party or notice party to the case, and it had furnished the relevant information on request to the Garda. The relevant speed limits were correctly adopted by the council and this procedure was outlined in a submission, prior to the judgment. With over 180 road fatalities this year, it is unacceptable that a possible lack of co-ordination between the Garda and the local authority may have led to the dismissal of these cases. If a course of appeal is available I hope the Director of Public Prosecutions and the Garda will avail of it. It is important that I briefly outline the sequence of events.

On 1 March 2000, as part of a countywide review of speed limits by the local authority, a speed limit of 40 mph was set at Kilmacanogue on the N11. In September 2000, the 40 mph speed limit was extended a couple of miles south of Kilmacanogue to an area known as Barry's Bridge, to facilitate work at the Glen of the Downs. On 19 April 2004, following completion of those works, the 40 mph speed limit was redefined in the Kilmacanogue village area. A 50 mph limit was set for the rest of the area south of this through to the southern end of the Glen of the Downs. On 4 October 2004, following numerous representations, an area south of Kilmacanogue to the north of the Glen of the Downs was made a 60 mph zone, while the Glen of the Downs remained at 50 mph. That detail might seem somewhat confusing, but it is important to emphasise that all of that was passed by proper resolution by the members of Wicklow County Council.

In November 2005, at the request of a solicitor defending a client who was being prosecuted for speeding, two certificates were issued by Wicklow County Council, one certifying an extract of the minutes of 19 April 2004 and the other certifying an extract of the meeting of 4 October 2004. The certificates issued, signed by an official of Wicklow County Council, stated that these extracts were true and correct copies taken from the minutes of the relevant council meetings at which the speed limits were adopted. During the course of his defence, a solicitor argued with respect to the offences prosecuted that the certificates issued on 14 November 2005 had the same date as that on which the special limits were adopted. This was not the situation. I want to find out why Wicklow County Council was not a party or notice party to this case, why the Garda was not briefed by the local authority, whose fault it was and whether there will be an appeal process.

It is totally unacceptable, given the number of road deaths and the airing of road traffic issues every day of the week that so many people who should have faced prosecution have slipped through the net.

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