Catherine Murphy
Question:
165. Deputy Catherine Murphy asked the Minister for Justice the number of drivers detected driving while disqualified per year in 2018, 2019 and up to 31 July 2020; the number per year arrested at the roadside for the offence; the number per year convicted for the offence; the penalties imposed; and if she will make a statement on the matter. [24633/20]
View answer
Catherine Murphy
Question:
166. Deputy Catherine Murphy asked the Minister for Justice the number of disqualified drivers detected by county by gardaí using the new Garda mobility device application to date in 2020; the number arrested by county for the offence; the penalties imposed by the court; and if she will make a statement on the matter. [24634/20]
View answer
I propose to take Questions Nos. 165 and 166 together.
I have requested a report from An Garda Síochána about the issues raised by the Deputy in these questions. I will revert to the Deputy when this is to hand.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions Number 165 and 166 for answer on 17 September 2020, in which you asked the Minister for Justice the number of drivers detected driving while disqualified per year in 2018, 2019 and up to 31 July 2020; the number per year arrested at the roadside for the offence; the number per year convicted for the offence; the penalties imposed; and if she will make a statement on the matter and the number of disqualified drivers detected by county by Gardaí using the new Garda mobility device application to date in 2020; the number arrested by county for the offence; the penalties imposed by the court; and if she will make a statement on the matter.
You will recall that the information could not be obtained in the time available and I undertook to contact you again when the information was available. I have made appropriate enquiries with both An Garda Síochána and the Courts Service. With regard to the requested information from An Garda Síochána, I am advised by the Garda authorities that the following table shows the number of proceedings taken in relation to driving without a driving licence 2018-2020. The 2020 figures are for the period from January – July.
|
Year
|
2018*
|
2019*
|
2020 YTD*
|
|
Year
|
2018*
|
2019*
|
2020 YTD*
|
|
Driving without a Driving licence
|
22,527
|
20,557
|
10,515
|
* All figures provided are provisional, operational and subject to change.
The statistics are not compiled in such a way as to identify specific number of detections or arrests for driving while disqualified (Additional powers were provided to An Garda Síochána, allowing the arrest of people who drive while disqualified under section 6(b) and (c) of the Road Traffic Act 2014), as this would necessitate a manual trawl of all relevant incidents recorded on PULSE to collate same, which would require a disproportionate expenditure of Garda time and resources.
With regard to the use of the Garda mobility device, I am further informed by the Garda authorities that the mobile data station is a key tool used by frontline Gardaí in detecting motoring offences, allowing them to access real time information on drivers and vehicles, and most recently to electronically initiate fixed charge penalty notices. It is part of an overall programme of digitalising policing where Garda tradecraft and experience are being increasingly complemented by device-based access to data. It is important to emphasise that it is the Garda rather than the device that makes the detection. Equally, it should be noted that there is not necessarily a correlation between a lookup on a device and a subsequent detection.
As such, it is not possible to definitively answer the question as to the exact number of detections of driving without a licence made using a mobile data station because this involves a degree of subjective assessment.
The Courts Service has advised that the statistics that the Courts Service can produce in relation to specific offences are obtained by running a report on its Criminal Court Tracking System, using the code for each specific offence. The codes in all instances are provided by An Garda Síochána.
I am informed that An Garda Síochána has been instructed to cease using a code for the offence of 'driving while disqualified', after advice was received from the Office of the Director of Public Prosecutions clarifying that there is no separate offence of ‘driving while disqualified’.
Section 38 of the Road Traffic Act 1961, as amended, creates an offence of driving without a licence. Section 38 (5) of the Act provides an increased penalty in respect of a person who is summarily convicted of an offence of driving without a licence during the period of disqualification (namely a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both). However, the specific offence remains one of driving without a licence, and so the code 'driving while disqualified' has now been discontinued. As such, the Courts Service is not in a position to supply the court convictions and penalties statistics requested by the Deputy.
Furthermore, with regard to “the penalties imposed by the court” for offences detected using the Garda mobile data station, for the reasons outlined by An Garda Síochána above, it is not possible to separate out those offences detected using the device, and, therefore, I am advised by the Courts Service that it similarly cannot provide such statistics.
I hope this information has been of assistance to you.
