Róisín Shortall (Dublin North West, Labour)
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Question 127: To ask the Minister for Justice, Equality and Law Reform the reason dozens of speeding fines were struck out recently as reported in a newspaper (details supplied) on 16 October 2005; if he will report on the outcome of any investigation; the action he will take to correct the situation; and if he will make a statement on the matter. [29953/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I sought a report from the Garda authorities on this matter and I am informed as follows.

The fixed charge processing system, FCPS, is operational in Dublin, Cork City and parts of Louth and Meath as a live pilot. As the Deputy will appreciate the idea of operating the system on a pilot basis is to identify any glitches in the system before operating countrywide. Due to an IT problem during the course of the pilot, notices did not issue in respect of a batch of offences recorded on the IT system. The IT system, however, showed the notices as issued and, as would be normal, all of these offences moved to summons stage when payment of a fixed charge was not recorded against them. The IT problem was subsequently identified and corrective action taken. However, some of these summonses had been served and when they came before the courts no evidence was offered in support of them. The persons against whom the prosecutions were taken were also written to in advance of the court date. The remaining summons were not served. A number of the offences came before Drogheda District Court in recent times and no evidence was offered.

More generally, section 103(10) of the Road Traffic 1961, inserted by section 11 of the Road Traffic Act 2002 as amended by section 18 of the Road Traffic Act 2004, provides that in a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that the relevant notice has been served or caused to be served. Where a fixed charge notice is not issued at the time of the offence but issued later, for example. speeding offences detected by camera, service of the fixed charge notice is executed by ordinary post. Where evidence on oath is tendered to a court that a fixed charge notice has not been served, the court determines whether the presumption under section 103 has been rebutted.

The giving of false evidence by a driver in court, for example, stating that a notice had not been received when in fact it had, is a serious offence, punishable by a fine or imprisonment or both.