Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Like the Criminal Law (Sexual Offences) Bill 2015 we debated earlier and the Bail (Amendment) Bill 2016 we will debate tomorrow, the Bill before us this evening, the Courts (No. 2) Bill 2016, is welcome. I commend the Tánaiste on the productivity of her Department in bringing legislation before the House. The same cannot be said for some of her Government colleagues. Perhaps she will tell them they need to be become as industrious as she is when it comes to the advancement of legislation.

Fianna Fáil supports this Bill, the purpose of which is to provide essential technical and administrative measures to allow for the introduction of what the Tánaiste referred to as the third payment option. This will address the situation whereby persons responsible for road traffic offences do not incur fines or penalty points for technical reasons. Some of those reasons were highlighted recently in the media, with reports of cases being prosecuted in different districts around the country where individuals were able to come to court and say they never got a summons. Consequently, the judge is left with little option other than to strike out the proceedings on a technicality of the law as it exists at present. What this shows is the importance of enforcement of our laws. We spend a great deal of time in this House preparing detailed and complicated legislation which sets out procedures for when people's behaviour will be criminalised. We also set out the mechanisms for the imposition of the penalties for such criminal behaviour, but sometimes that aspect of the legislation receives only a small amount of focus. However, if there is no effective enforcement of laws, those laws are undermined. Unfortunately, that has happened in respect of certain road traffic offences. People were able, as I indicated, to state in court that a summons was not received and, as such, they should not be held criminally liable. We must ensure the enforcement mechanisms we introduce are effective and that legislation facilitates easy enforcement by the prosecution services and An Garda Síochána. We must make sure that where the law is broken, there are consequences for those responsible. If that message is not established in our legal system, there will be no deterrent for individuals who wish to break the law. In fact, the person who admits liability and pays a penalty will be seen as gullible and foolish. That should not be the case. We must ensure the law applies across the board. If a crime is committed and a penalty deserves to be incurred, it is essential that the appropriate penalty is available to the courts.

As the Tánaiste indicated, the situation that pertains under the Road Traffic Act 2002 is unsatisfactory in that a person who does not pay a fixed-charge notice within the 56 days set down is served with a summons. Individuals may pay within the first 28 days or within the second 28 days. If payment is not made with 56 days, however, a summons is issued, after which there is no further payment option and the accused must attend court. Unfortunately, as I outlined, people have appeared in court claiming they did not receive the original fixed-charge notice and have had their cases dismissed. It is difficult to ascertain precisely how many cases have been dismissed on these grounds, but it seems to be in the region of 7,500 annually. We must ensure, too, that people who are prosecuted for minor summary offences have the opportunity to pay. Sometimes when people know their court date is approaching, they want to pay the charge. However, under the existing legislation, if the 56-day period has lapsed, they must present in court. Under the new procedure set out in the Bill before us this evening, such people will have to pay a 100% penalty after the 56-day period. Notwithstanding the imposition of that penalty, it offers a benefit to accused persons in that it will remove the necessity of having the case determined in a court of law. Individuals should be given that opportunity and, for this reason, Fianna Fáil will support the Bill on Second Stage.

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