Damien English (Meath West, Fine Gael)
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788. To ask the Minister for Justice and Equality with regard to the issuing of fixed charge notices pertaining to motoring offences, if he is satisfied that the use of standard post ensures effective delivery of such notices; if he or his Department have plans for the development of a cost effective system of recorded delivery for such notices; if there has been any communication between An Garda Síochána and An Post regarding the introduction of such a system of recorded delivery; and if he will make a statement on the matter. [46392/13]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Garda authorities that ordinary post is utilised to serve fixed charge notices, in accordance with section 25 of the Interpretation Act 2005, which provides that service of a document may be so effected and that such service is deemed, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. In addition, section 103(10) of the Road Traffic Act 1961 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.

The Deputy will appreciate that road traffic legislation is the responsibility of my colleague the Minister for Transport, Tourism and Sport. I am informed that a number of legislative changes are contained in the Road Traffic Act, 2010 which strengthen the provisions relating to the service of fixed charge notices for road traffic offences, including a provision that a certificate of receipt of posting or delivery issued by An Post, or another postal service, shall be admissible in evidence as proof of the posting or delivery, as the case may be, of a fixed charge notices, until the contrary is shown. I also understand that the measures necessary to bring these provisions into effect are being examined by the relevant stakeholders at present.