QUESTION NOS: 462 to 464
DÁIL QUESTIONS addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Tuesday, 14th May, 2013.
* 462. To ask the Minister for Justice and Equality the number of drivers that have been summoned to court for failure to pay a fixed charge penalty notice within 56 days of receipt of the notice..
- Thomas P. Broughan
* 463. To ask the Minister for Justice and Equality the number of drivers, who following failure to pay a fixed charge penalty notice within a period of 56 days of receipt of the notice were consequently summoned to court; and if these drivers received double the original number of penalty points on conviction in court in accordance with the Road Traffic Act 2010..
* 464. To ask the Minister for Justice and Equality the number of drivers who received a fine in substitution for additional penalty points being imposed on their record following a failure to pay a fixed charge penalty notice within 56 days of receipt of the notice; and if he will make a statement on the matter.
- Thomas P. Broughan
REPLY.
The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and the table below provides details of the number of defendants summonsed to appear before the court in 2011 and 2012 and convicted for failure to pay a fixed charge penalty notice within 56 days of receipt of the notice.
DÁIL QUESTIONS addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Tuesday, 14th May, 2013.
* 462. To ask the Minister for Justice and Equality the number of drivers that have been summoned to court for failure to pay a fixed charge penalty notice within 56 days of receipt of the notice..
- Thomas P. Broughan
* 463. To ask the Minister for Justice and Equality the number of drivers, who following failure to pay a fixed charge penalty notice within a period of 56 days of receipt of the notice were consequently summoned to court; and if these drivers received double the original number of penalty points on conviction in court in accordance with the Road Traffic Act 2010..
* 464. To ask the Minister for Justice and Equality the number of drivers who received a fine in substitution for additional penalty points being imposed on their record following a failure to pay a fixed charge penalty notice within 56 days of receipt of the notice; and if he will make a statement on the matter.
- Thomas P. Broughan
REPLY.
The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and the table below provides details of the number of defendants summonsed to appear before the court in 2011 and 2012 and convicted for failure to pay a fixed charge penalty notice within 56 days of receipt of the notice.
Year No.of Defendants summonsed to appear No.of Defendants convicted
2012 53, 927 10, 863
2011 51, 462 9, 563
2012 53, 927 10, 863
2011 51, 462 9, 563
Note: These figures do not include penalty point offences which require mandatory court appearances. They refer to summonses issued for courts dates in the years in question, rather than the date on which the summons issued.
Road traffic legislation, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport, provides that if the fixed penalty notice is paid the driver is liable for the penalty points attaching to the offence. If the driver does not pay the fixed penalty notice and the case goes before the court, the number of penalty points is automatically doubled in the event of a conviction. I am informed that when a conviction is recorded in court, the Courts Service electronically provides the Road Safety Authority with details of such convictions. It is then the responsibility of the Road Safety Authority to ensure that the appropriate penalty points are recorded. There is no provision in the legislation to allow for a fine in place of penalty points.
Road traffic legislation, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport, provides that if the fixed penalty notice is paid the driver is liable for the penalty points attaching to the offence. If the driver does not pay the fixed penalty notice and the case goes before the court, the number of penalty points is automatically doubled in the event of a conviction. I am informed that when a conviction is recorded in court, the Courts Service electronically provides the Road Safety Authority with details of such convictions. It is then the responsibility of the Road Safety Authority to ensure that the appropriate penalty points are recorded. There is no provision in the legislation to allow for a fine in place of penalty points.