Written answers
Tuesday, 6 March 2007
Department of Justice, Equality and Law Reform
11:00 pm
Olivia Mitchell (Dublin South, Fine Gael)
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Question 174: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the high percentage of motorists who are detected for penalty points, but who evade conviction; the measures he will introduce to overcome this problem; and if he will make a statement on the matter. [8397/07]
Michael McDowell (Dublin South East, Progressive Democrats)
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Legislation providing for the issue of fixed charge notices requires that motorists detected for committing offences be issued with a fixed charge notice. The legislation also provides that the paying of the fixed charge is a discretionary option which rests with the recipient of the fixed charge notice. Prosecutions for such offences can only be initiated where the recipient of the notice does not pay the fixed charge within the stipulated statutory period of 56 days from the date of the notice.
It is important to note that, with regard to conviction rates, the Courts are independent in their function, subject only to the Constitution and the Law, and it would therefore, be inappropriate for me to comment on their decisions.
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