asked the Minister for Justice if he will state in respect of each of the accidents mentioned in his reply to Question No. 26 on 1st December, 1953, whether the State car was (1) stopped at the scene of the occurrence, and (2) kept at the scene of the occurrence; and, if so, for how long.
Ceisteanna—Questions. Oral Answers. - Accidents to State Cars.
The State car remained at the scene of the accident for about 40 minutes on the 2nd February, 1953, and for about 15 minutes on the 22nd idem.The car did not remain at the scene of the accident which occurred on the 19th July, but the matter was reported at Granard Garda Station.
asked the Minister for Justice if he will state whether the persons driving the State cars at the time of the accidents specified in his reply to Question No. 26 on 1st December, 1953, were asked to produce a driving licence; and, if so, whether such a licence in full and valid format the date of such accident was duly produced.
Mr. Boland
The drivers of the cars were in possession of valid driving licences.
asked the Minister for Justice if he will state whether (a) any notice or letter of intention to prosecute or not to prosecute was given and, if so, to whom; (b) any prosecution was brought, and, if so, against whom in respect of the accidents referred to by him in his reply to Question No. 26 on 1st December, 1953.
Mr. Boland
A notice of intention to prosecute under Sections 50 and 51 of the Road Traffic Act, 1933, was given to the driver of the car which was involved in the accident which occurred on the 2nd February, 1953. By direction of the Attorney-General, who considered the evidence insufficient to sustain a conviction, no prosecution was brought.
No notice of intention to prosecute was issued in respect of the other two accidents.
Would the Minister say why there was no prosecution, in view of the fact that on Question No. 60 he has stated that there was a breach of Section 173 (1) (b) in respect of the accident that took place on the 19th July?
Mr. Boland
The Minister does not decide whether there would be a prosecution or not. That is a matter for the Attorney-General. The papers were not submitted to him.
Did the Attorney-General direct?
Mr. Boland
Have not I said so?
In respect of the 19th July?
Mr. Boland
"No notice of intention to prosecute was issued in respect of the other two accidents."
Does the Attorney-General usually not direct a prosecution when in the first place theaccident takes place at 3 o'clock in the afternoon, a cow is hit, not on the road but on a 9 ft. grass margin in off the road, the motor-car does not remain at the scene of the accident in accordance with the statute and no effort is made by the driver of that motor-car to do anything in connection with the suffering of the two animals that were left lying on the road in such a condition that £70 had to be paid out of public moneys to make good their loss?
asked the Minister for Justice if he will state by what authority sums of £79 17s., £90 12s. 3d. and £75 5s., respectively, were paid in respect of the accidents referred to in the reply to question No. 26 of the 1st December, 1953, and whether proceedings were instituted by any of such payees prior to payment; and, if so, against whom and whether any of such sums include any sum for costs; and, if so, how much.
Mr. Boland
The payments were made with the approval of the Minister for Finance. Proceedings were instituted against the Minister for Finance in respect of the accident which occurred on the 22nd February, 1953, but the case was settled by agreement. The sum of £10 12s. 3d. costs was paid in respect of this accident. The costs in the other two accidents were £7 7s. and £5 5s. respectively.
Will there be any recoupment to the State by the persons involved?
Mr. Boland
That had better be left to the Minister for Finance.
Fair enough.