Jim O'Keeffe (Cork South West, Fine Gael)
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Question 37: To ask the Minister for Justice, Equality and Law Reform the procedures followed in the acquisition of electronic equipment for use by the Garda, in particular the procedures used in acquiring speed detection radar guns which cannot or do not produce a record of their results; the dates on which this equipment was acquired; and if he will make a statement on the matter. [16604/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the Garda Síochána possesses 408 laser speed detection units which were purchased between 1 December 1995 and 8 January 2002. All of these laser speed detection units were purchased strictly in accordance with national and EU public procurement guidelines. In all cases sanction was received from the Government contracts committee and the Department of Finance for their purchase.

A speed detection unit produces a visual measurement of the speed of a vehicle, but does not record this in a form which can be subsequently reproduced. The unit records the speed but does not give rise to a permanent record of it. The garda who detects a speeding offence, using such a unit, intercepts the motorist on the spot and issues a fixed charge notice on which the garda records particulars of the speed measurement.

The Department of Transport is carefully studying a recent case in which the District Court in Cork dismissed a prosecution for speeding where a garda had used a hand-held speed detection unit on the basis that no record was produced by that unit and furnished to the accused person before the commencement of the trial for the offence. The issue arises from the District Court's interpretation of section 21 of the Road Traffic Act 2002. Section 21 of that Act provides that the onus of establishing prima facie proof of a constituent of a range of road traffic offences, including speeding, may be discharged by tendering evidence of measurements or other indications that were given by electronic or other apparatus, including a camera, and that are contained in a record produced by that apparatus. It further provides that, in proceedings for an offence, a record or a copy of the record shall be prima facie evidence of the measurements, and that a copy of the record must be given to the accused before the trial.

The Department of Transport has sought legal advice from the Attorney General on the implications for the use of speed detection units, including the question as to whether a change to the Road Traffic Act is required. If an amendment to the Act is required, I understand that the Minister for Transport is likely to include it in the Road Traffic Bill which is due to be published shortly.

Jim O'Keeffe (Cork South West, Fine Gael)
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The Road Traffic Act 2002 makes is clear that a speed measuring device must issue documentary evidence and that a copy must be given to the accused person. The Minister, in his reply, mentioned that 480 of these radar guns were acquired, apparently prior to the passing of the 2002 Act. Can the Minister give an idea of the cost of those?

Why did the terms of the 2002 Act not conform to the standard of the existing Garda Síochána equipment, or was it envisaged, when the Act was passed, that the equipment would be replaced?

Michael McDowell (Dublin South East, Progressive Democrats)
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I am not responsible for the legislation to which the Deputy referred. As he rightly pointed out, that legislation was enacted after the equipment had been purchased. I am not conceding the point because I do not wish to throw away the Minister for Transport's legal case in this matter. As regards the Deputy's point that the Act does not reflect the nature of the equipment, I must point out that the equipment was in position first. In that regard, one would expect the Act to deal with the reality on the ground rather than the other way round.

I am not in a position to assist the Deputy as regards the cost of the units during the five years. However, I will provide the Deputy with the information at a later stage if he so requires.

Jim O'Keeffe (Cork South West, Fine Gael)
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What we do with taxpayers' money is relevant when one takes into account the amount spent on unused electronic voting machines.

Given that the legislation was enacted after the Garda Síochána had acquired the equipment, does the Minister accept gardaí have been put in an impossible position? I note the Minister's expertise in sending a hospital pass to his colleague, the Minister for Transport, who is responsible for the Road Traffic Act. He is passing the ball away from himself. The Minister for Justice, Equality and Law Reform is responsible for the Garda Síochána and, as a result of the enactment of that legislation, it has been put in an impossible situation in that instead of upholding the law, gardaí are forced to break it as a consequence of the Government's failure to enact road traffic legislation which conformed to the equipment being used or, alternatively, to provide new equipment which complied with the Act.

Michael McDowell (Dublin South East, Progressive Democrats)
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I do not wish at this stage to concede the point that the Act has the meaning suggested by the Deputy.

Jim O'Keeffe (Cork South West, Fine Gael)
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It is as plain as daylight.

Michael McDowell (Dublin South East, Progressive Democrats)
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It may be but I am not here to——

Bernard Durkan (Kildare North, Fine Gael)
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It might not be plain enough.

Jim O'Keeffe (Cork South West, Fine Gael)
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Judge Con O'Leary in Cork was a well-trained lawyer.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Allow the Minister to continue without interruption, please.

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy spoke of hospital passes. It would be a large hospital pass for me to concede the correctness or incorrectness of any case which the Minister may be advised to bring to court. I assume Deputy O'Keeffe would agree it would be unfortunate if I were to do so.

I am not side-stepping the issue. The Garda Síochána has certain functions under the Road Traffic Act. This is not the first occasion on which I have had to stress the importance of complete and total consultation between the Garda Síochána and the sponsoring Department of legislation so that situations do not arise, whereby following the event, people ask why this or that was included in the Act. I am not suggesting there was no consultation in this case.

Jim O'Keeffe (Cork South West, Fine Gael)
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Such consultation would have taken place through the Minister?

Michael McDowell (Dublin South East, Progressive Democrats)
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I agree with the Deputy that if it turns out in court that the position is as suggested by him then, unfortunately, the equipment in use by the Garda at the time the law was changed was not comprehended by the terminology of the statute.