Michael D Higgins (Galway West, Labour)
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Question 99: To ask the Minister for Justice, Equality and Law Reform if he has plans to review the procedures for the delivery of summonses in view of reports that more than 33,000 drivers had their cases for speeding struck out in court in view of claims that the appropriate summons had not been delivered; and if he will make a statement on the matter. [21087/08]

Dermot Ahern (Louth, Fianna Fail)
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When a case of speeding is detected, the registered owner of the vehicle involved receives a fixed charge notice. This notice informs the owner that he or she may during the period of 28 days pay a specified fixed charge and that in the following period of 28 days they may pay the specified fixed charge, increased by 50%. In either case the driver receives a certain number of penalty points. If the registered owner was not the driver of the vehicle at the time the speeding offence was committed, he or she must nominate the actual driver. If the driver, either the registered owner or the nominated driver, does not pay the fixed charge, he or she will be prosecuted for the offence.

If a prosecution takes place in a speeding case, when it comes to court it can be struck out for a number of reasons. One reason is that the original fixed charge notice was not received. Other reasons are that the person alleged to be the registered owner of the vehicle is not in fact the owner or it is at the request of the prosecuting Garda. A case cannot be struck out by a court unless a summons has been received.

The District Court rules provide a number of methods for service of summonses. These include service by registered post, personal service on the defendant and service at the defendant's home or place of business. With a view to ensuring the standard of service is as high as possible, I am informed that An Garda Síochána is currently reviewing the practices and procedures operating within An Garda Síochána for the service of summonses.

I am informed that, in line with the Interpretation Act 2005, An Garda Síochána currently uses ordinary post to serve fixed charge notices. In addition, the Road Traffic Acts 2002 and 2004 provide that, in a prosecution for an offence for which a fixed charge notice issued, it shall be presumed until the contrary is shown that the relevant notice has been served or caused to be served.

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

My colleague the Minister for Transport, who has responsible for road traffic legislation, intends to progress a new Road Traffic Bill in the latter half of this year. His Department is undertaking consultations with other Departments and agencies involved in the enforcement of road traffic law on matters for possible inclusion in the Bill, including steps which could lead to improvements in the service of fixed charge notices.