Noel Dempsey (Meath West, Fianna Fail)

The principle outlined in the amendments is contained in the legislation. The amount referred in the section will be prescribed by the Minister. It is not intended that it will reflect the total cost of prosecuting a case but it will be a reasonable reflection. It is similar to the provisions in section 22 of the 1994 Act, which provides for the payment of a prescribed amount towards the cost of the Medical Bureau of Road Safety in intoxicated driving cases and that is made payable to the Exchequer.

The decision on whether to apply the provisions contained in section 22 is at the discretion of the court. I have examined the proposed amendment further and I am advised that to accept such a change at this time would not be desirable but further legal advice and consultation is required in advance for providing for any changes to the section. I will examine this further in the context of the next road traffic Bill. The experience so far is that judges are not very much in favour of section 22 but there comes a time when the House has to make decisions on this. I do not disagree with the Deputy's principle of making offenders pay for this but I cannot do it at this time. However, it is a subject to which we will return.

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