I propose to take Questions Nos. 106 and 107 together.
As the Deputy will be aware the primary purpose of Section 63 of the Road Traffic Act 2010 is to ensure that the driving licence number of individual offenders is recorded to enable the application of appropriate penalty points to the licence on conviction by the Court.
Where an accused is brought before a Court in relation to a penalty point offence, the driving licence number is collected by two methods. The first is where the details are provided by An Garda Síochána prior to submission of an application for a summons in respect of the offence. Where the driving licence number is so collected, the driving licence number is sent electronically to the Courts Service with the summons application and the licence number is updated to the Courts Service computer system. Under the second method, the details are collected by the Court Registrar where a licence is produced to the Court at the hearing of the offence.
As outlined above, if the licence is produced to the Court, the Court Registrar records the licence number and the number is updated to the Courts Service computer system.
The Courts Service has indicated that it is not possible to differentiate between the two methods above to provide statistical data in relation to the number of driving licence numbers actually collected within a Court. However, the Courts Service has informed me that 7,790 defendants were listed for Court for drink driving prosecutions in 2014 with 983 driving licence numbers recorded. It should be noted that the information provided by the Courts Service relates to all drink driving prosecutions in 2014, whether or not the summons was served. In addition, some of the prosecutions may be ongoing.
I am informed that where an accused is summonsed to appear before a Court in respect of a penalty point offence and is convicted of the offence, if a driving licence is not produced to the Court, the Court Registrar records on the Court Minute Book or on the summons that no driving licence was produced. The non-production of the driving licence is recorded whether or not the accused appears before the Court. The Courts Service computer system does not currently support the updating of data in relation to the non-production of driving licences in Court. I want to assure the Deputy that my Department is in contact with the relevant agencies with a view to ensuring that the most efficient and effective processing and recording of data in respect of non-production of licences is in place. I am informed that An Garda Síochána and the Courts Service are actively engaged in a process that will facilitate prosecution of those who fail to produce a driving licence or permit and the copy of a licence or permit before the Courts. The Courts Service and the Garda personnel required, in accordance with agreed procedures, have been identified and it is expected that cases will come before the Courts for hearing in the coming months.
