Patrick O'Donovan (Limerick, Fine Gael)
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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.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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On behalf of the Minister for Justice and Equality, I thank the Deputy for raising this important issue. The Minister regrets that she is unable to be present as she is abroad on official business. The Minister has asked that I emphasise that the initial decision to introduce outsourced safety cameras came after a number of years of detailed analysis and was identified as a key additional measure to reduce deaths and serious collisions on our roads. I need not remind the Deputy that the Road Safety Authority, An Garda Síochána and many others working in the field of road safety, continue to emphasise the role played by speeding in serious collisions. Excessive and inappropriate speed is the number one road safety concern. The advice to the Minister is that in many instances, reducing speed by even a few kilometres per hour can made all the difference to the severity of a collision.

It was against this background that GoSafe was awarded the contract to provide outsourced safety cameras in November 2009, following a tendering process. Operations commenced in November 2010 and were supported by advertising and an awareness-raising campaign highlighting the life-saving objective of the cameras.

The Minister wishes to clarify that GoSafe is paid according to the number of hours of surveys and monitoring. The number of detections has no bearing on the payments made. The service provided by GoSafe operates under the overall direction and oversight of An Garda Síochána, including with respect to scheduling of speed monitoring, training and quality assurance. Vans operate in defined speed enforcement zones, the location of which is in the public domain, including on the Garda website. These zones were identified following an objective and evidence-based analysis of collision data and speed surveys.

Compliance has increased across the zones since the network was introduced. For example, between January 2011 and October 2013, compliance in 50 km/h limit zones increased from 62% to 98%, while compliance in 80 km/h zones increased to 96%. The Garda authorities are reviewing the location of the zones on a continuous basis to ensure the cameras are located where they can have the most impact on safety. All of the analysis carried out points to the conclusion that the safety cameras have saved lives and therefore bring very significant human and economic benefits. Moreover, research carried out on behalf of the RSA earlier this year found that 81% of adults surveyed supported the use of safety cameras and 71% surveyed believe them to be effective in influencing motorists to drive more safely. It is also important to bear in mind that the safety cameras free up Garda resources for other road safety enforcement, including more mobile operations, as well as carrying out alcohol checkpoints.

The Minister is aware of the recent court cases in which GoSafe speeding detections have been dismissed. The Deputy will appreciate that it would not be appropriate for the Minister to comment on the outcome of specific cases before the courts. She has, however, discussed the matter with the Garda authorities and understands that they are carefully studying the recent rulings and taking legal advice, including with respect to the possibility of seeking clarification from the higher courts. This is being addressed by the Garda authorities as a matter of urgency and developments will be reported to the Minister.

In so far as the question of reviewing the law is concerned, the legislation governing the operation by An Garda Síochána of speed detection cameras and the use of outsource safety cameras, is contained in section 81 of the Road Traffic Act 2010, which comes under the remit of the Department of Transport, Tourism and Sport. The advice from An Garda Síochána, however, is that the recent court cases do not identify issues which would warrant amendment of the legislation. I thank the Deputy for raising this important issue and I will certainly communicate the points he has made to the Minister.

Patrick O'Donovan (Limerick, Fine Gael)
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I acknowledge the presence of the Minister for Transport, Tourism and Sport and the discussions I have had with him on this matter.

The reply from the Minister of State is fine in that it tells me everything I know about the speed detection system but that is not what I asked. I refer to information from the Department. In 2012, 111 cases were thrown out at Naas District Court. This has nothing to do with what has happened in the past couple of weeks because it has been ongoing since 2009. In 2012 alone, 936 cases were thrown out of court across the country. It is not today or yesterday that this problem began. The law as it is constructed is definitely not seen to be fair. If a person can say in court that he or she did not receive the necessary documentation in the post, based on the figures I have given, the court will likely come down on the side of that person and decide that it was probably not received. As a result, 1,393 cases since 2009 have been thrown out. I do not know how this situation can be resolved.

At a meeting of the transport committee this morning my proposal was accepted that both Departments as well the Garda Síochána and legal practitioners should come to the committee to discuss what is a fundamental issue of road safety and also an issue to do with the fairness of the law. For example, I may have received three penalty points because I accepted the notice and the accompanying picture of my car as detected in County Limerick breaking the speed limit and I paid the fine, and the same notice was posted to another person who claimed in court he or she did not receive it and the case was thrown out. There is a gross unfairness which must be resolved. Penalty points are being attached to licences and insurance premiums are increased, and rightly so, but other people are getting off scot free. This situation needs to be addressed. I would like both Departments to co-operate on providing a more comprehensive answer.

The advice from the Garda Síochána is that recent court cases do not identify issues that would warrant a change in the legislation. The judge in Monaghan last week said the law was being brought into disrepute. What more needs to be said from the bench of an independent court before something is done?

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I thank the Deputy for his contribution. I acknowledge his contribution was not about the effect of the speed cameras. The Deputy will appreciate that the reply as provided indicates the Minister takes the issue seriously and has liaised with the Garda authorities.

I am not in a position to discuss the individual cases the Deputy has outlined.

The Garda is studying the recent rulings and taking legal advice with respect to the possibility of seeking clarification from the higher courts. I take on board the points made by the Deputy and will communicate them to the Minister for Justice and Equality. It is convenient the Minister for Transport, Tourism and Sport is here. I will endeavour to get a more detailed response for the Deputy. The Minister for Justice and Equality is unable to comment on individual cases. The issues raised by the Deputy have been discussed with the Garda authorities and they are aware of them. We will endeavour to work on a cross-departmental basis to provide the Deputy with a more direct response if he requires one.