Tommy Broughan (Dublin Bay North, Independent) | Oireachtas source

Ten days ago, Ms Justice Úna Ní Raifeartaigh struck down section 44(10) of the Road Traffic Act 2010, amended by the Road Traffic Act 2016 which was brought in by the Minister for Transport, Tourism and Sport, Deputy Ross. She stated is was incompatible with the Constitution. The section relates to whether one has received a fixed charge notice and not allowing people to use the defence that one had not received it. She said it contradicted section 35 of the 2010 Act.

Many of my constituents, particularly those involved in road safety, are concerned how this could have happened in 2016. How come we could not have got this right? I have asked the Minister many times about consolidating road traffic law but he has basically told me to get lost and that it cannot be done. We have consolidated tax law and law in many other areas. This is another glaring example of the kind of loopholes in road traffic law which should not be allowed to happen. This happened under the Minister, Deputy Ross.

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