Road traffic judgment
Deputy Broughan raises concern over a High Court ruling striking down a road-traffic provision about fixed charge notices and asks how the flaw arose. The Taoiseach says Transport is studying the judgment, an appeal is possible, and consolidated road traffic legislation is long overdue.
Will the Ceann Comhairle ask him to apologise?
Comment on this
He got 20 hours of publicity.
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Ten days ago, Ms Justice Úna Ní Raifeartaigh struck down section 44(10) of the Road Traffic Act 2010, amended by the Road Traffic Act 2016 which was brought in by the Minister for Transport, Tourism and Sport, Deputy Ross. She stated is was incompatible with the Constitution. The section relates to whether one has received a fixed charge notice and not allowing people to use the defence that one had not received it. She said it contradicted section 35 of the 2010 Act.
Many of my constituents, particularly those involved in road safety, are concerned how this could have happened in 2016. How come we could not have got this right? I have asked the Minister many times about consolidating road traffic law but he has basically told me to get lost and that it cannot be done. We have consolidated tax law and law in many other areas. This is another glaring example of the kind of loopholes in road traffic law which should not be allowed to happen. This happened under the Minister, Deputy Ross.
Comment on this
The Department of Transport, Tourism and Sport is studying the judgment and will respond to it in due course. There is always a possibility of an appeal. Consolidated road traffic legislation is long overdue. What has happened in recent years is that priority has been given to reforming road traffic legislation, which Deputy Broughan has rightly supported, with cracking down on drink-driving, speeding and other dangerous offences rather than consolidation. A road traffic consolidation Bill is long overdue.
Having said that, it would be a mistake to believe that the courts cannot strike down sections of consolidated legislation as well. They have certainly done that in the past.