Róisín Shortall (Dublin North West, Labour)
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Question 178: To ask the Minister for Justice, Equality and Law Reform the number of on-the-spot fines issued by the Garda Síochána in each of the past six years; and the breakdown by offence. [11535/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The number of on-the-spot fines or fixed charge notices issued by the Garda Síochána in each of the years from 2000 to 2005 is set out in the following tables.

Róisín Shortall (Dublin North West, Labour)
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Question 179: To ask the Minister for Justice, Equality and Law Reform the typical reason as to why an on-the-spot fine may be cancelled by the Garda Síochána; the statutory basis for such cancellations; if he will provide a copy to the Oireachtas Library of the guidance document to which the Garda Síochána refers when considering such cancellations; if statistics are held or are available on the various categories of cancellations; if so, the number of fixed penalties cancelled by the Garda Síochána for the Dublin metropolitan area and the Garda divisions in each of the past six years with a breakdown for each separate exemption category for each of the years. [11536/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Road traffic legislation, in particular section 27 of the Road Traffic Act 2004, provides exemptions for the drivers of emergency vehicles from the application of restrictions, requirements and prohibitions imposed under the Road Traffic Acts generally. Such exemptions apply where the safety of a road user is not endangered.

Bar the exemption provided by section 27, the typical reason for cancellation of a fine on the spot is the absence of sufficient evidence to sustain a prosecution. In the case of parking offences or speeding offences detected on camera, the registered owner was not the actual vehicle owner at the time; non-display of a tax disc, application had been made to the relevant licensing authority for a road fund licence prior to the date of affixation of the notice; an alleged seatbelt offence, the person was the holder of a medical certificate which exempted the person from wearing a seatbelt.

Statistics are not compiled in such a way as to establish the number of fines on the spot or fixed charge notices cancelled by the Garda Síochána. To identify and collate the number cancelled for any particular reason would require an unjustifiable deployment of Garda time and resources.

Róisín Shortall (Dublin North West, Labour)
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Question 180: To ask the Minister for Justice, Equality and Law Reform if the reason for the cancellation of the on-the-spot fine is routinely recorded; the way in which documentation in respect of such cases is routinely reviewed; and the number of times such reviews take place. [11537/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the cancellation of an on-the-spot fine is a matter for the Garda district officer where the alleged offence was committed and is recorded locally at Garda district office level. Each Garda district office is subject to a bi-annual audit by the Garda divisional officer and may also be subject to an audit by the Garda internal audit unit.