asked the Minister for Justice whether his attention has been called to a report in the Press as to statements regarding "speeding" by buses, made by the District Justice at Julianstown, County Meath, District Court on Saturday, 3rd November, in the case of Superintendent Kelly v. Edward O'Hare, Newry; whether, in view of the recommendations contained in the Report of the Inter-Departmental Committee on the control and regulation of Road Traffic regarding the speed for heavy motor vehicles, it is the intention of the Gárda Authorities not to prosecute motor bus drivers in future unless the speed exceeds 25 miles per hour.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - SPEEDING BY MOTOR BUSES.
I have seen the report in the Press of the case mentioned by the Deputy and I have consulted the Minister for Local Government and Public Health who, on consideration of the report of the Inter-Departmental Committee on Road Traffic, is of opinion that in certain circumstances a speed of 25 miles per hour is not excessive for a single deck omnibus. I intend accordingly to issue instructions to the Gárda Síochána not to prosecute in future in such cases on the sole ground that the speed of the omnibus exceeded 20 miles per hour.
Are we to understand for the future that it is the opinion of the Minister for Local Government that counts rather than the existing law? Is the Minister aware that the justice in this instance had three cases before him against the same individual— Edward O'Hare, of Newry; that he refused to convict in two cases where it was proved that he travelled at speeds of 22.5 and 21.42; and that he imposed a penalty of 10/- in the case where the speed exceeded 25 miles, and gave definite instructions to the police not to prosecute in future except the speed exceeded that limit?
A District Justice is not in a position to give definite instructions to the police. The legal speed limit for 'buses at present is 20 miles per hour. The Deputy is under a misapprehension as regards that, as he mentioned that it was 12.
That is the statute.
In this case the speed exceeded 20 miles by a very small fragment, as the Deputy will see—a mile or something like that. Undoubtedly, at present, as the law stands, if these 'buses are driven at over 20 miles per hour, just like any ordinary motor car, there is an infringement of the law; but the Statute law very often lags behind actual requirements, and I think it is the general requirement of the community that 'buses of this nature should be allowed to travel at a reasonable speed, and 25 miles is the reasonable speed which has been recommended. We may be forestalling legislation by a very short period, but the Deputy must be aware of the fact that a great number of Acts have already fallen into disuse. To take an extreme example: to sell ice cream on a Sunday is an offence.
Are we to understand that if the Minister says it is right for licensed traders to remain open until 11 o'clock at night the justices will not be entitled to impose a penalty, even if the law says that they should close at 10?
I do not say anything of the kind. I say when the general view and need of the community require it, as in the case of these 'buses. I may inform the Deputy, however, that if he wishes he can bring as many prosecutions as he likes.
The law is laughed at.
Everybody a law unto himself.