Ceisteanna—Questions. Oral Answers. - Stop Sign Prosecutions.
asked the Minister for Justice whether it is a fact that instructions have been issued to the Garda Síochána to withdraw prosecutions in connection with stop signs; and if he will indicate what action is to be taken regarding people who have already been convicted and fined and who in some instances have had their licences endorsed.
Comment on this
The answer to the first part of the Question is "yes." Legal advice received by the Garda Síochána indicated that this was the appropriate course to take, having regard to doubts that had arisen as to the appropriateness of such a charge pending an amendment of the General Bye-laws for the Control of Traffic.
It does not follow, however, that convictions for such offences in the past have been bad. On the contrary, the legal presumption is that they were valid, and that presumption remains unless and until there is a Court ruling to the contrary. As far as the State is concerned, therefore, there is no reason why any action should be taken in regard to them and no action is contemplated.
Comment on this
——the regulations made under legislation—surely the Minister will take steps to recompense people who have been fined for an alleged breach of this regulation, and surely he will also take steps to apologise to the people concerned.
Comment on this
The Deputy is apparently not capable of understanding the plain English incorporated in my reply. I specifically stated: "It does not follow, however, that convictions for such offences in the past have been bad. On the contrary, the legal presumption is that they were valid."
Comment on this
Is it not a fact that the Minister has been advised that they were invalid? Otherwise, he would not have taken this decision.
Comment on this
In this House, the Minister will have to be democratic about what he is asked, instead of the knuckleduster conduct he adopts outside the House.
Comment on this
In regard to the change in the law regarding stop signs, is the Minister aware that a very great danger now exists to traffic users, and pedestrians generally, at "Stop" signs, by reason of people crashing through these signs, and no longer taking notice of them? Will he issue a public statement to ensure the public safety at these junctions and replace them with more appropriate signs such as, "Yield right of way". In the meantime, a very great danger exists, and there is public anxiety about the change in the law in respect of stop signs. The Minister is expected to make a statement.
Comment on this
There is no change in the law. I have indicated that the position is that there is still a legal obligation on every road user to take care.
Comment on this
Surely the answer is that the Minister has made a mistake. There are two signs: One is, "Yield right of way", and the other is a "Stop" sign. If he wishes the public to yield the right of way, he should have put up "Yield right of way" signs, and not "Stop" signs. The Minister is trying to conceal that fact by slick answers, as usual.
Comment on this
I said: "Legal advice received by the Garda Síochána indicated that this was the appropriate course to take, having regard to the doubts that had arisen as to the appropriateness of such a charge pending an amendment of the General Bye-laws for the Control of Traffic."
Comment on this
Does the Minister agree that he should make a statement about the "Stop" signs? Many people do not regard them as an obligation any longer, and are, in fact, crashing through those signs. It is quite evident that there is public anxiety about them.
Comment on this
Am I right in assuming that the two questions I put down on this matter may have been responsible, to some degree, for this decision?
Comment on this
If I may reply to the responsible question of the Deputy who is concerned with the merits——
Comment on this
I had two questions on the Order Paper recently, which were duly answered, in relation to the "Stop" sign and the "Yield right of way" sign and I suggested that the "Stop" signs should be removed and replaced with "Yield right of way" signs because I was impressed by a judicial decision to the effect that the "Stop" sign was not legal.
Comment on this
I am responsible in this matter and I have to have regard to the public interest. These "Stop" signs are still there and I would recommend to the public and urge on the public that they should continue to obey them at all times.
Comment on this
I should like to ask the Minister who paid for these signs? If the local authority had to pay for them, will they also have to pay for changing them, or will the Minister be responsible?
Comment on this
Before we resume on the Finance Bill, will you, Sir, agree to the subject matter of Question No. 13 being raised on the adjournment?