Written answers

Tuesday, 12 April 2005

Department of Justice, Equality and Law Reform

Traffic Fines

9:00 pm

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 679: To ask the Minister for Justice, Equality and Law Reform the efforts being made on a North-South basis to have reciprocal arrangements put in place to enable police forces to collect speeding or parking fines from vehicles which breach road traffic laws in each jurisdiction;. [10222/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Article 34 of the Constitution provides that justice shall be administered in courts established by law by judges appointed in the manner provided by the Constitution. On 24 February this year, the Council of the European Union adopted a framework decision on the application of the principle of mutual recognition to financial penalties. This instrument will enable the state of residence to enforce fines imposed by another member state. Legislation will be required to give effect to the framework decision which must be complied with by 24 February 2007.

I understand that further discussions are taking place at EU level on co-operation between the member states in proceedings specifically related to road traffic offences and the enforcement of financial penalties in respect thereof. I also understand that it is likely that there will be a further initiative to the Council containing measures on co-operation between member states in proceedings for road traffic offences.

In general, procedures for requesting or granting mutual assistance are set out in Part VII of the Criminal Justice Act, 1994. This part permits the service in this jurisdiction of a summons issued by, or of a document recording a decision, of, a foreign court. In accordance with the procedures laid down in Part VII, requests for service of such documents are received by the central authority in my Department and are then served either by registered post or by a member of the Garda Síochána. Part VII of the Criminal Justice Act also permits a court here to issue summonses for service abroad. These are transmitted by the central authority to the appropriate authority of the country where the subject lives.

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