Written answers

Tuesday, 12 April 2005

Department of Justice, Equality and Law Reform

Road Traffic Offences

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 107: To ask the Minister for Justice, Equality and Law Reform the number of prosecutions for speeding that may be deemed invalid following the High Court judgment that the laser guns used by gardaí to monitor speed were in breach of the requirements of the Road Traffic Act 2002; if any such prosecution will remain valid; and if he will make a statement on the matter. [9698/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The Garda authorities inform me that advice has been received from the law officers on the implications of the recent decision of the High Court on section 21 of the Road Traffic Act 2002 and on the taking of prosecutions utilising section 21 of the Road Traffic Act 2002, as amended by section 15 of the Road Traffic Act 2004.

The Garda authorities further inform me that the information requested on the number of prosecutions that cannot be proceeded with in the light of the recent High Court decision is not readily available and could only be obtained by the expenditure of a disproportionate use of staff time and resources.

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