Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I move amendment No. 7:

In page 18, to delete lines 12 and 13 and substitute the following:

“(a) by substituting for subsection (6) the following:“(6) In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that—

(a) the electronic or other apparatus used for tendering of evidence was provided, maintained and operated by a member of the Garda Síochána, or a person authorised under an agreement under subsection (7),

(b) the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda Síochána, or a person authorised under an agreement under subsection (7), and

(c) subsection (3) has been complied with.",

and".

The Bill already contains two proposed changes to section 81 of the Road Traffic Act 2010. The Office of the Director of Public Prosecutions has since drawn my attention to a difficulty with section 81 of the 2010 Act, which I now propose to rectify. Section 81 deals with evidence in relation to speeding and certain other offences. The particular problem arising relates to photographs from speed cameras. Where cases go to court, the photographic evidence must be provided to the defendant in advance of the case. As matters stand, evidence in the form of a copy of the photographic evidence is generally automatically sent to the defendant by post. Where defendants appear in person in court, they are sometimes served with the evidence in person prior to commencement of the case. However, this is, as the law stands, no presumption that the evidence has been provided to the defendant. The DPP has found that in some cases defendants deny receiving the evidence or may not turn up in person at court, in which case the evidence cannot be provided to them. This results in delays and unnecessary difficulties in prosecutions.

I have considered the DPP's concerns and have agreed to amend section 81 to allow for a presumption, unless the contrary is shown, that evidence has been provided to the defendant in accordance with section 81. The amendment to section 18 will not affect the original aim of the section. This amendment is to augment the existing presumption in law that electronic apparatus for measuring speeds, such as a camera, is provided and maintained by a member of An Garda Síochána, adding that it is also a presumption that the apparatus is operated by a garda. In addition, I propose to correct an erroneous reference in section 81(9) of the 2010 Act, by way of substituting the reference therein to (3) and (7) with (4) and (7).

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