Patrick O'Donovan (Limerick, Fine Gael) | Oireachtas source

Thank you, a Cheann Comhairle, for allowing this Topical Issue matter to go forward because it is very topical and it covers two Departments, namely, Justice and Equality, and Transport, Tourism and Sport. Everyone is singing from the one hymn sheet, in the sense that we all believe that anything which could be done to make roads safer is a good thing. There is no doubt in the recent past the behaviour of drivers on roads has changed for the better. Unfortunately, in recent years, especially last year, the number of road fatalities has begun to creep up again. That said, a very worrying development has also been taking place in recent years, whereby cases are being thrown out by the District Court in considerable numbers.

It is not exaggeration that since 2009, 1,393 cases involving GoSafe vans have been thrown out by District Courts. The difficulty I have is that if the implementation of the speed detection system is to be seen to be fair and impartial and to be doing what it says on the tin, so to speak, then this should not be happening. This year alone, 59 cases have been thrown out in Castlebar; 133 in Ennis; 71 in Gorey; 68 in Nenagh; 71 in Wexford, along with a whole clatter of others. This culminated last week in a situation in a court in the Cavan-Monaghan area where the judge within his remit referred to the law being brought into disrepute. This is a very serious situation. I refer to the person who is informed by post that he or she has incurred penalty points and is fined - as happened to me in the recent past - and the person accepts the situation. However, on the other hand, a person will say they did not receive the notice, the case will go to court and it is thrown out. There is a massive unfairness built into this system which needs to be addressed as a matter of urgency.

Two problems arise, in my view. Legitimately detected speeding offences are not being upheld by the system because the system is flawed massively, it seems. In other cases, people will do the right thing; they will admit they broke the speed limit, they will take the penalty points and they will pay the fine. Where do those people stand now? What is the situation as regards the penalty points on their licences and the increase in the cost of insurance premiums as a result of having penalty points?

The penalty points system has been dogged by controversy in the recent past. I refer in particular to the whistleblowers and the GoSafe vans. The law needs to be seen to be impartial and blind to interference, be that from loopholes that one could drive a lorry through or interference from members of the Garda Síochána, as was reported by whistleblowers. The law must be seen to be fair.

Ultimately we must ensure the roads are safer and this system is an attempt to change people's behaviours. However, people's behaviours will not change and they will probably get worse if they believe there is a way out of getting penalty points if all one needs to say is, "Judge, I never received it". I have no doubt that among the lists of District Court hearings there are legitimate reasons for non-receipt of penalty points. However, I would be very dubious that the summonses, notices or letters issued to 1,393 people since 2009 just vanished into thin air or were at the bottom of a post bag and ended up in the Liffey. I do not believe this to be the case and I do not think anyone believes it. It is time this was fixed.

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