Dermot Ahern (Louth, Fianna Fail)

Deputy Charles Flanagan raised a point about the service of documents in regard to court proceedings. There is no doubt there has been greater flexibility in recent times. However, it is best left to the rules of the various courts to decide how effective service is guaranteed. It cannot be guaranteed in all cases but prosecutions cannot proceed unless there is proof that documents were validly served on those involved. In recent times, there have been a number of incidences where people have gone into court and sworn they did not receive the documents and, therefore, the prosecution failed. Changes have been made to try to facilitate that.

In subsequent legislation, we will look at how that situation can be dealt with in such a way that somebody cannot evade prosecution simply by saying he or she did not receive something. In this instance, this is a standard provision and it is necessary because of the way in which this Act will be commenced. It is necessary to write this into the primary legislation because it will start from the time the legislation is commenced. Thereafter, it will be up to us to give the maximum flexibility to the committee which deals with the rules of court for the particular court.

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