Written answers

Wednesday, 27 May 2015

Department of Justice and Equality

Road Traffic Offences

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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104. To ask the Minister for Justice and Equality further to Parliamentary Questions Nos. 273 and 275 of 30 September 2014, 350 of 10 February 2015 and 108 of 20 February 2015, outlining the statistics on non-surrender of driver licences by disqualified drivers, which showed that 1,286 drivers were prosecuted in 2013 for driving while disqualified, 1,373 prosecutions were initiated in 2014, 20,315 drivers were prosecuted in 2013 for driving without a licence, and 19,968 drivers were prosecuted in 2014, what were the penalties these prosecuted drivers received in court for these offences; and if she will make a statement on the matter. [20870/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand that statistics are not compiled in such a manner as to provide the information sought by the Deputy. However I have made enquiries as to what relevant information may be available and will contact the Deputy directly once this is to hand.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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105. To ask the Minister for Justice and Equality further to Parliamentary Question No. 98 of 4 March 2015, which was in reference to original Parliamentary Question No. 312 of 11 November 2014, the reply of which was received on 30 January 2015, regarding the number of fatal collisions in 2014 and the number of drivers involved and who were tested for alcohol, if she has received the information requested from An Garda Síochána on the breakdown of the reasons 64 of those drivers, out of 161 fatal crashes in 2014, were not tested for alcohol, either at the scene in a Garda station or at a hospital, after being involved in a fatal crash; and if she will make a statement on the matter. [20871/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Garda authorities that full year data is now available for 2014 and the total number of fatal collisions, some involving more than one vehicle and driver, was 181. Of the drivers involved 82 could not be breath tested due to fatal injury and the table below outlines the position with respect to the other drivers not tested.

Reason for not testing drivers involved in Fatal Injury Collisions in 2014

Driver gone to Hospital
20
Medical Grounds
13
Driver Gone from Hospital
1
Medical Grounds - Doctor refusal
2
Hit and Run
4
Medical Grounds – Insufficient time
2
Driver Not Known
1
Report at station – Insufficient time
1
Not investigated at scene – Insufficient time 3hrs
1
Other
6
Total
51
Note the figures provided are provisional, operational and liable to change.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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106. To ask the Minister for Justice and Equality further to correspondence from the Minister for Transport, Tourism and Sport with the Promoting Awareness, Responsibility and Care on our Roads, PARC, group, dated 23 February 2015, where that Minister informed PARC that An Garda Síochána is currently liaising with the Courts Service on bringing persons before the courts following their failure to produce a driving licence or permit, that An Garda Síochána has advised that it is currently liaising with the Courts Service on the provision of a representative sample of court orders in relation to such cases, and that An Garda Síochána will take proceedings, if she will report on the status of this statement; if she will report on whether the Courts Service has since provided An Garda Síochána with these samples; if An Garda Síochána has begun to commence prosecutions of drivers who fail to produce their licence in court; and if she will make a statement on the matter. [20873/15]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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107. To ask the Minister for Justice and Equality further to Parliamentary Question No. 493 of 24 March 2015, where she stated that she was making inquiries with the Courts Service and An Garda Síochána with regard to recording licence numbers, if the information is now to hand; and if she will make a statement on the matter. [20874/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 106 and 107 together.

As the Deputy will be aware the primary purpose of Section 63 of the Road Traffic Act 2010 is to ensure that the driving licence number of individual offenders is recorded to enable the application of appropriate penalty points to the licence on conviction by the Court.

Where an accused is brought before a Court in relation to a penalty point offence, the driving licence number is collected by two methods. The first is where the details are provided by An Garda Síochána prior to submission of an application for a summons in respect of the offence. Where the driving licence number is so collected, the driving licence number is sent electronically to the Courts Service with the summons application and the licence number is updated to the Courts Service computer system. Under the second method, the details are collected by the Court Registrar where a licence is produced to the Court at the hearing of the offence.

As outlined above, if the licence is produced to the Court, the Court Registrar records the licence number and the number is updated to the Courts Service computer system.

The Courts Service has indicated that it is not possible to differentiate between the two methods above to provide statistical data in relation to the number of driving licence numbers actually collected within a Court. However, the Courts Service has informed me that 7,790 defendants were listed for Court for drink driving prosecutions in 2014 with 983 driving licence numbers recorded. It should be noted that the information provided by the Courts Service relates to all drink driving prosecutions in 2014, whether or not the summons was served. In addition, some of the prosecutions may be ongoing.

I am informed that where an accused is summonsed to appear before a Court in respect of a penalty point offence and is convicted of the offence, if a driving licence is not produced to the Court, the Court Registrar records on the Court Minute Book or on the summons that no driving licence was produced. The non-production of the driving licence is recorded whether or not the accused appears before the Court. The Courts Service computer system does not currently support the updating of data in relation to the non-production of driving licences in Court. I want to assure the Deputy that my Department is in contact with the relevant agencies with a view to ensuring that the most efficient and effective processing and recording of data in respect of non-production of licences is in place. I am informed that An Garda Síochána and the Courts Service are actively engaged in a process that will facilitate prosecution of those who fail to produce a driving licence or permit and the copy of a licence or permit before the Courts. The Courts Service and the Garda personnel required, in accordance with agreed procedures, have been identified and it is expected that cases will come before the Courts for hearing in the coming months.

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