Written answers

Thursday, 4 November 2021

Department of Justice and Equality

Court Judgments

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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330. To ask the Tánaiste and Minister for Justice and Equality the number of drivers listed in court for the offence of driving while holding a mobile phone by District Court; the number of drivers convicted of this offence; the number of drivers who had their cases dismissed and struck out each year; the number of driver licence numbers recorded on conviction; the penalties imposed on conviction each year by District Court in each of the years 2018 to 2020 and to date in 2021; and if she will make a statement on the matter. [53720/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I have made enquiries with the Courts Service regarding the information sought by the Deputy. The Courts Service have provided a significant volume of information in response to the Deputy's question which I will arrange to be sent to the Deputy directly.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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331. To ask the Tánaiste and Minister for Justice and Equality the number of drivers listed in court for the offence of driving while holding a mobile phone by District Court in 2018, 2019 and 2020 which resulted in the case being struck out due to summons not served; and if she will make a statement on the matter. [53721/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Deputy will be appreciate that the Courts are independent in the exercise of their judicial functions, subject only to the Constitution and the law, and the conduct of any court case is a matter entirely for the presiding judge.

I have made enquiries and I am advised by the Courts Service that their system does not record the reason a case was struck out unless the Judge includes the reason in their order, and for this reason, the Courts Service cannot provide the information sought by the Deputy.

As such, the Courts Service does not hold complete statistical information on the reasons for any case being struck out and the statistics as requested by the Deputy cannot be provided.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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332. To ask the Tánaiste and Minister for Justice and Equality the number of drivers that were not convicted in court in each of the years 2018 to 2020 and to date in 2021, by District Court due to the fact that they claimed in court the non-receipt of a fixed charge notice for the offence of driving while holding a mobile phone; and if she will make a statement on the matter. [53722/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Deputy will be appreciate that the Courts are independent in the exercise of their judicial functions, subject only to the Constitution and the law. and the conduct of any court case is a matter entirely for the presiding judge.

I have made enquiries with the Court Service who have advised that their system does not capture information on the reasons for a non-conviction of a person unless the reason is specified by the judge in their order.

As such, the Court Service system does not hold complete statistical information on the number of persons who were not convicted for the offence of driving while holding a mobile phone by claiming that they did not receive a Fixed Charge Notice for that offence.

Consequently, the statistics as requested by the Deputy cannot be provided.

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