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Dáil
‹ Ceisteanna—Questions. Oral Answers. - On-the-Spot Fines.

Invalid traffic summonses under Courts Act

Summary

Deputy Harney said a High Court ruling had invalidated many summonses under the Courts Act, leaving traffic offences without court hearings or fines and threatening local-authority revenue. The Minister initially misunderstood, then acknowledged the consequences she described.

Is the Minister aware that under our existing fines provisions, many cases are being struck out by the courts because of the decision by the High Court not to validate summonses issued under the Courts Act, 1986 passed here just before Christmas? Is he aware that for many traffic offences the fines are not being implemented, that the law as it stands in relation to that is in chaos, that many local authorities, particularly in the Dublin area, will lose revenue as a result and that as many as 80,000 summonses are currently in question since the passing of that legislation?

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Seán Treacy An Ceann Comhairle Independent

That seems to be a separate question.

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Is the Deputy saying that many of the fines imposed in the District Court are not being collected?

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I am sorry, I misunderstood her.

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As a result of the court interpretation in relation to the provisions of the Courts Act, 1986, passed here before Christmas, the High Court has ruled in many cases that summonses are not validly being issued. As a result cases are not coming to court, therefore fines are not being imposed and substantial losses are being and will be incurred by local authorities as a result.

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That will be the case.

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