Written answers

Tuesday, 1 June 2004

Department of Justice, Equality and Law Reform

Road Traffic Offences

9:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 82: To ask the Minister for Justice, Equality and Law Reform the number of other cases affected following the dismissal of a speeding case in the District Court based on the inability of a radar gun to produce a record; if, in supplying and using these radar guns he and his officers have been fully compliant with section 21 of the Road Traffic Act 2002; and if he will make a statement on the matter. [16301/04]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities that they have sought the advice of the law officers on the recent decision of Cork District Court on the provisions of section 21 of the Road Traffic Act 2002, which deals with the evidence in regard to speeding. I am further informed that a determination of the number of cases likely to be affected cannot be made pending receipt of such advice. In addition, I understand that as a result of the decision referred to by the Deputy, the Department of Transport has sought and is awaiting legal advice from the Office of the Attorney General. If an amendment to the Road Traffic Acts is required, the Minister for Transport will propose an amendment in his forthcoming road traffic Bill. It would be inappropriate for me to comment further on the matters raised at this time.

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