asked the Minister for the Environment the plans, if any, he has to introduce on-the-spot fines for minor Road Traffic Act offences; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - On-the-Spot Fines.
10.
The on-the-spot fine system already applies to a range of offences such as parking offences and the non-display of a tax disc. A review of the operation of the on-the-spot fine system is being carried out at present by officials of my Department, the Department of Justice and the Garda Síochána.
I thank the Minister for his reply. I hope we will go further than just a review of this. Would the Minister agree that there is a great deal of inconsistency now when people can break traffic lights or ignore pedestrian crossings and go into court and perhaps be fined £5 or else have the Probation Act applied whereas somebody who parks a car for two minutes over the specified time is automatically fined £10 or, if he does not display a tax disc, £50 on the spot?
That is right.
There is a great deal of inconsistency in this area. Would the Minister not agree that we could relieve the time of the courts in dealing with minor traffic offences if, instead, we dealt with them by way of on-the-spot fines? This would encourage the Garda Síochána too, to deal more actively with breaches of the Road Traffic Act.
We were always at one in saying we would like to see better enforcement. One reason the review of the on-the-spot fines system is considered necessary at this time is that the rate of payment on foot of notice and subsequent reminders issues is only 40 per cent. The remaining 60 per cent of offences had to be dealt with through the normal court proceedings. I see a statistic here of 750,000 notices each year. That means that the system is still keeping about 310,000 cases out of the courts, which I suppose is not so bad, but there is room for improvement.
Would the Minister agree that since the fine has been increased motorists will be more likely to comply with the law? The statistic the Minister is giving relates to 12 months presumably whereas the on-the-spot fine relates to non-display of discs and at its present level applies to only the past three months or so.
We would all like to see an improvement here but it seems that, irrespective of the extent of the fine, people are prepared to take the risks involved. What was introduced by the previous Government has worked reasonably well and perhaps it can be extended to other areas. Certain areas were suggested and recommended last year and are being considered in consultation with the Garda. I would have no objection to introducing that if I thought we were going to have a good response and a good take from it but I am against further expansion of schemes like this if they do not work.
Would the Minister consider extending the scheme? Legally now we must display insurance discs on our cars. If I do not display my insurance disc on my car I still have ten days in which to produce evidence of insurance at my local Garda station. There is no need for that to remain. I suggest that the scheme be extended to the display of insurance discs on car windscreens. More important, I ask the Minister to consider tackling this because of the scandal concerning the number of uninsured cars on the road. There would be more encouragement and incentive for people to display such discs, to ensure they had insurance, if they knew they could be fined on the spot for not having a disc displayed.
While I have not the statistics here, let me say that a very worthy scheme was introduced last year, on 1 July if my memory serves me right. I know the statistics are available somewhere. This has had a very good impact. It has had a beneficial effect and has led to a curtailment of the number of cars being used uninsured on the roads, a situation that has been a tremendous burden on all of us. It represents about £70 per driver with an insured car on the road. If we could reduce that number then the total cost of car insurance obviously would decrease as well. Therefore, I think the disc has worked well.
Perhaps it is not relevant to what we are talking about here, but the Deputy's suggestion of an on-the-spot fine for lack of display of the insurance disc is worthy of being put to the review body. I will suggest that to them and perhaps they will include it in their report.
A number of Deputies are offering. Brief questions, please, and I will try to facilitate all of you.
I realise that the fines which might be imposed would not cover the fine normally imposed for not having insurance on a car but the fact that the disc is not being displayed could be covered by an on-the-spot fine.
In reviewing the whole question of on-the-spot fines will the Minister consider including in this system the non-wearing of car seat belts which costs the driver or a front seat passenger nothing but could save themselves their lives or injury and could save the State a great deal of money also?
Yes, that is a consideration.
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?
That seems to be a separate question.
Is the Deputy saying that many of the fines imposed in the District Court are not being collected?
No.
I am sorry, I misunderstood her.
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.
That will be the case.
It is obvious that there is a great deal of interest in this issue. When will the Minister have the findings of this review group? Could we have some short debate in the House to discuss the findings of the review group? Will the Minister agree that it is not just a question of money; it is a question of respect for the law and also a question of using our courts to deal with matters that should be dealt with quickly rather than having them clogged up with traffic offences? Does he also agree that where we have opportunities of dealing with breaches of the law in a different manner from bringing people to court, we should avail of those opportunities?
That is a fair comment. As we are all aware, under the Local Authority (Traffic Wardens) Act, 1975, the only on-the-spot fines which the traffic wardens can collect are for parking offences and the non-display of tax discs. I would be delighted to bring the matter of the inclusion of other items under that category to the review group and I will ask them to speed up their final report. I see no reason why we should not get suitable time to discuss this matter in the House but I do not know what the proper vehicle for having such a discussion here would be. If we bring in a new Road Traffic Act that would be a very useful means of discussing the whole question of on-the-spot fines and related matters.
May I make a brief suggestion——
By way of question.
Perhaps when the legislation committee is set up — I hope the Minister as a member of the Government will see to it that it is set up again — the findings of the review group could be put before that committee for consideration as it represents all sections of this House.
The time has now come to deal with questions nominated for priority. Question No. 36 in the name of Deputy John Boland.
How can I set about having replies to Questions Nos. 162 to 255, 93 questions dealing with exactly the same information but from different individuals?
I should like advance notice of that type of question, Deputy Higgins. I suggest you put down a question on that matter.
Perhaps in conjunction with that matter the reply might be given as to the cost of answering that question.
That would be very worthwhile.