Diarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister of State to the House. I am seeking clarification from him. As we know, a person who is alleged to have committed a road traffic offence currently has two opportunities to avoid going to court, the first of which involves paying a fixed-charge penalty within 28 days. If he or she fails to do that, he or she has another 28-day period in which he or she can pay the fixed amount with a 50% surcharge. This Bill provides for a third payment option, which will involve the addition of 100% to the original fixed amount.

Every week, thousands of cases are thrown out of court by District Court judges because there is no proof that the fixed-charge penalty notice was issued in the first place. I suggest to the Minister of State that rather than pursuing the third option, as proposed in this Bill, it is time for fixed-charge penalties to be sent by registered post. That is the only way of proving someone actually received a fixed-charge penalty notice in the first place. Like many other people of whom I am aware, I have been summoned to the District Court without having received a fixed-charge penalty notice in the post. It is up to the District Court judge in question to decide whether he or she believes the person before the court. I believe such a situation is not acceptable.

If we are going to have transparency in the operation of fixed-charge penalty notices, the issuing of such notices will have to be registered sooner or later. The fine is sufficient to cover this charge. I understand it costs less than €5 to register, so what is the problem? My suggestion would cut out many of the difficulties being faced by the District Court on a weekly basis. I would be interested to hear what the Minister of State has to say in this respect.