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Dáil Éireann díospóireacht -
Wednesday, 23 Feb 1994

Vol. 439 No. 3

Written Answers. - Video Recordings Act, 1989.

Jim O'Keeffe

Ceist:

68 Mr. J. O'Keeffe asked the Minister for Justice, in relation to the Video Recordings Act, 1989, the number of prosecutions brought to date for offences in relation to the possession or supply of video nasties; and the number of convictions.

As I indicated to the Deputy in my reply to Question No. 25 on 3 February 1994 there has been a number of prosecutions by the Garda for offences in relation to possession and/or supply of prohibited video works. However, the statistics requested by the Deputy are not yet finalised. I will arrange for them to be supplied to the Deputy as soon as they are available.

John Bruton

Ceist:

69 Mr. J. Bruton asked the Minister for Justice the action, if any, she intends to take in relation to the recommendation of the Fair Trade Commission to allow greater mobility between the two branches of the legal profession.

The Solicitors (Amendment) Bill, 1994, contains certain proposals to facilitate easier interchange between the branches of the legal profession. Any further proposals which I may have will be announced in the normal way in due course.

Peter Barry

Ceist:

70 Mr. Barry asked the Minister for Justice if she has received a copy of the Law Society's case against capping compensation levels; if so, if she has noted a report quoted on page 16 that one of the principal reasons fatalities and personal injuries were higher here than in Britain was the stricter enforcement of road traffic regulations in Britain; if so, the proposals, if any, she has to bring our enforcement up to United Kingdom standards; and if she will make a statement on the matter.

I confirm that I have received a copy of the Law Society's report entitled "The Case Against Capping Compensation Levels in Personal Injury Actions". I note that the report claims that one of the principal reasons for the higher level of fatalities and serious personal injuries here as compared to the United Kingdom is the stricter enforcement of road traffic regulations in the UK, particularly with regard to speeding and drink-related offences.

I do not accept that the enforcement of road traffic laws is less strict here than in Britain, especially with regard to the offences mentioned above. On the contrary, I can assure the Deputy that there is an ongoing and rigorous enforcement of road traffic laws by the gardaí with particular emphasis on drink driving, speeding and reckless driving. Indeed, the welcome and widely-noted change in social attitudes with respect to drunken driving is a direct result of intensified Garda enforcement of the road traffic laws. As regards speeding, I note from the Garda Commissioner's Annual Report for 1992 (the last year for which figures are available) that there were 30,327 prosecutions during that year. This works out at over 580 prosecutions for speeding every single week of the year.
For my part, I have seen to it that the gardaí have the necessary resources, in personnel and equipment, to carry on with this important life-saving task. In particular, I am determined that the gardaí are in a position to take full advantage of modern technological developments to assist them in this vital area of law enforcement.

Peter Barry

Ceist:

71 Mr. Barry asked the Minister for Justice the plans, if any, she has to implement all the recommendations contained in the MacLiam report of inquiry into the costs and methods of providing motor insurance; and if she will make a statement on the matter.

In so far as a number of the recommendations of the MacLiam report, submitted to the then Minister for Industry and Commerce, concern my Department, the position is that they have been largely implemented. Any further proposals which I may have will be announced in the normal way in due course.

Peter Barry

Ceist:

72 Mr. Barry asked the Minister for Justice if there is any evidence to support the view that there is a higher level of uninsured driving in this country than in other European countries; and, if so, the proposals, if any, she has to effect an amelioration of the situation; and if she will make a statement on the matter.

I am informed by the Garda authorities that the 1991 survey of compliance with motor insurance law carried out by the gardaí indicated that the national level of uninsured driving is about 6 per cent. As such, I understand that the Irish rate is around the middle of the range of motor insurance evasion rates quoted for other European Union member states.

I can assure the Deputy that traffic law enforcement remains a priority for the gardaí. In this regard, I note from the Garda Commissioner's Annual Report for 1992 (the last year for which figures are available) that there were over 70,000 prosecutions for various breaches of the motor insurance laws during that year.

Jim O'Keeffe

Ceist:

73 Mr. J. O'Keeffe asked the Minister for Enterprise and Employment whether any figures are available of the number of companies who are in default in making their annual returns; if so, the numbers thereof; the steps, if any, being taken to ensure compliance with the law in this regard; if he has satisfied himself that the steps being taken are adequate and effective to ensure compliance; and if he will make a statement on the matter.

In the time available, the Companies Office is not in a position to provide the statistics sought. I have asked that the information, when compiled, be conveyed as soon as possible to the Deputy.

Information on enforcement action is available in the series of Companies Reports in the Dáil Library. The latest relates to the period to June 1993.

Since June 1993, the Companies Office prosecuted, for the first time, 40 company directors. In the calendar year 1993, the courts imposed financial penalties amounting to £1.3 million on 2,000 companies for failure to comply with the Companies Acts. So far in 1994, fines amounting to some £300,000 have been imposed. Between now and July 1994, the office is scheduled to be in court on 12 occasions in pursuit of individual directors and companies which do not meet their filing obligations. On 28 February 1994, 200 companies will be prosecuted.
The "late filing fee" which I introduced by Order last year, and about which a publicity campaign was mounted, resulted in many companies bringing their annual returns up-to-date in the run-up to the October 1993 Bank Holiday weekend. Some 30,000 returns were lodged in that period in respect of 10,000 companies.
I am satisfied that this enforcement action is creating a climate of increased awareness of the statutory filing obligations on registered companies.

Peter Barry

Ceist:

74 Mr. Barry asked the Minister for Enterprise and Employment when he will introduce legislation to cap personal injury awards; if, since making this announcement in May 1993, he has received and studied the response by the Law Society; if so, his views on the contents of the submission; and if he will make a statement on the matter.

It would be premature for me to comment at this stage as to when legislation on the quantum of personal injury compensation might be introduced.

In considering proposals for such legislation my Department is continuing to take account of submissions received and to consult expert advice. In the final analysis any decision on the preparation of legislation will be a matter for Government.

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