Bernard Durkan (Kildare North, Fine Gael)
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Question 268: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the action he proposes to take to address the issue of speeding fines imposed and paid in respect of offences in the vicinity of Newtownmountkennedy in contrast with those whose fines were struck out in court on legal grounds; if it is intended to make restitution to the former; and if he will make a statement on the matter. [31078/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that legislation providing for the issue of fixed charge notices requires that motorists detected for committing certain offences be issued with a fixed charge notice. The notice sets out the amount of the fixed charge and the penalty points applicable to the offence. The person has the option to pay the fixed charge and, as part of the payment process, completes a declaration that he or she is aware of the contents of the notice. The decision whether to pay a fixed charge rests with the recipient. The legislation also provides that in the event that the individual fails to pay the fixed charge within the prescribed time frame a prosecution can be initiated. Once a prosecution is initiated it is then a matter for the court to determine the guilt or otherwise of the person based on the evidence presented. As in all cases the decision of the District Court may be appealed.

I am also informed that An Garda Síochána is satisfied that the Bye-Laws enacted by Wicklow County Council for the Newtownmountkennedy area have been in order at all times and no further action is required in respect of cases where a fixed charge payment was made for exceeding the relevant speed limits. I am also informed that following a decision at Bray District Court on 16 June 2006 an application to bring a case stated has been made.