Written answers

Tuesday, 27 September 2011

Department of Justice, Equality and Defence

Road Traffic Offences

9:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 369: To ask the Minister for Justice and Equality his views on whether it is appropriate for private camera speed operators to show a preference for hiring former gardaí to staff their vans; if they should be encouraged to open up the hiring process to make it fairer and more transparent; and if he will make a statement on the matter. [26217/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Garda authorities that, in accordance with the provisions of the service agreement for the provision and operation of safety cameras, the service provider is responsible for the recruitment and selection of personnel, ensuring they are qualified to undertake the role assigned to them and providing remedial or renewal training as necessary. An Garda Síochána does not have a direct role in the recruitment and selection process. However, the service agreement provides that the service provider and all sub-contractors must comply with relevant employment legislation and employment regulations.

The service provider undertakes, within the terms of the agreement, to use appropriately experienced, qualified, skilled and trained personnel in the performance and provision of services in accordance with industry standards and applicable laws.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 370: To ask the Minister for Justice and Equality his plans to close the loophole whereby private camera operators are permitted to send summonses by ordinary post, thereby opening up the possibility that a person might claim never to have received the summons in the first place; and if he will make a statement on the matter. [26218/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Garda authorities that An Garda Síochána apply to the Courts Service for the issue of summonses, which are served in accordance with the Courts Acts and the District Court Rules. The service provider does not apply for the issue of summonses.

However, An Garda Síochána is also responsible for the issue and service of fixed charge notices for road traffic offences. Currently ordinary post is utilised to serve fixed charge notices, as provided for in section 25 of the Interpretation Act 2005. Where a fixed charge notice is not paid, proceedings are instituted for the fixed charge offence by the issue of a summons, which may be by hand, personal service or registered post.

Section 103(10) of the Road Traffic Act 1961 (as substituted) provides that in a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that the relevant fixed charge notice has been served or caused to be served and that a payment pursuant to the relevant notice has not been made.

A number of legislative changes are contained in the Road Traffic Act 2010, which is under the aegis of my colleague the Minster for Transport, Tourism and Sport, relating to the service of a fixed charge notice. These include section 44, which provides that a person who is served with a summons in respect of a fixed charge notice may pay a fixed charge, of an amount 100% greater than the original fixed charge, not later than seven days before the date of the court on which the charge is to be heard. If the person pays the fixed charge, proceedings in respect of the alleged offence will be discontinued and the person need not attend court on the day. The section also provides that where a summons is served in respect of a fixed charge offence evidence the fixed charge notice was not served shall not be a defence to the alleged offence.

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