Dáil debates

Thursday, 9 July 2009

Other Questions

Road Traffic Offences.

12:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 9: To ask the Minister for Transport his proposals to improve the fixed charge processing system; and if he will make a statement on the matter. [28523/09]

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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Some 36 fixed charge offences under the Road Traffic Acts are covered by the Garda fixed charge processing system. If a person makes a payment of up to €80 within 26 days, or a higher payment of up to €120 within a second period of 26 days, a prosecution will not be proceeded with. Some 31 fixed charges also attract penalty points. An Garda Síochána operates the fixed charge system itself.

There is ongoing liaison between my Department, the Department of Justice, Equality and Law Reform, An Garda Síochána and other parties, including the Courts Service, on the effective enforcement of the Road Traffic Acts, including the fixed charge system. As a result of these contacts I will take the opportunity in the forthcoming road traffic Bill to introduce measures to amend certain provisions relating to the operation of the fixed charge and penalty point system to improve its effectiveness and to support the better use of the resources of the gardaí and the Courts Service. My overall objective is to maximise the number of cases dealt with under the fixed charge system rather than proceeding to court.

Implementation of the system itself in accordance with the legislative provisions in the Road Traffic Acts is a matter for An Garda Síochána.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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The key point is that the Courts Service is being clogged up and Garda time is being wasted. The figures we have for 2007 show that in the first six months, 88,000 people chose not to pay the fixed penalties and court notices were issued. Some 23,700 were struck out, 43,000 were not served and only 14,000 resulted in fines. That is extremely unfair to people who opt to pay their fines and not go to court.

The key change the Minister must make is to introduce a default position whereby if people opt not to go to court in the first seven days or whatever, the level of the fine should be automatically increased if it is not paid within 20 or 40 days. As I understand it, the Courts Service is being prevented from doing its normal work because it is obliged to process these minor infringements, which were never intended to go before the courts in any event. The sooner the Minister introduces legislation to amend the position, the better.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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The Deputy raised this matter on previous occasions and has pursued it quite vigorously in the interim. As a result of issues he raised on a previous Question Time, I asked the officials of my Department to examine the position. They did so, in consultation with the various interested organisations, and it is our intention to bring forward proposals which can be discussed in the context of the Road Traffic Acts.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I welcome that development.