Timmy Dooley (Fianna Fail)

Might it be possible for the Garda to ask the person in question, or to make the Bill's provision known to the person in question? The Garda do so when issuing general cautions. Might it be possible to suggest that a garda could first raise the question with the individual concerned, asking him or her whether he or she had been convicted within the previous five years and on receiving a negative answer, proceeding with the issuance of a fixed penalty, as outlined in this section?

Obviously, in a case where the individual concerned stated that he or she had not been convicted, and was subsequently found to have been so convicted, the onus would be placed back on such a person. The points raised are valid, although the State should not be expected to maintain a database for the purpose of notifying people, to the extent of leaving itself open to challenge at a later stage. As the Minister of State has suggested, the onus should be placed on the driver concerned. However, this could be achieved by asking a simple question as part of the defined language used generally by gardaí in the course of issuing a caution.