Dáil Éireann Debate, Tuesday - 24 January 2017
125. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the total number of drink driving cases that were affected by the issuing of the Garda certificate in Irish, by county; the number of these that were dismissed or struck out; the number that have been adjourned awaiting the outcome of the Supreme Court ruling due in June 2017; and if she will make a statement on the matter. [2978/17]
Amharc ar fhreagraI have requested the information sought by the Deputy and I will contact him directly when the information is to hand.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 125 of 24 January 2017 asking the total number of drink driving cases that were affected by the issuing of the Garda certificate in Irish, by county; the number of these that were dismissed or struck out; the number that have been adjourned awaiting the outcome of the Supreme Court ruling in June 2017; and if I would make a statement on the matter.
You will recall the information requested could not be obtained in the time available and I undertook to contact you again when it was to hand. I am informed by the Garda authorities that it is not possible, without a disproportionate expenditure of Garda time and resources to provide the information requested.
Furthermore, An Garda Síochána is also dependent on the Courts Service for certain information and court outcomes and I am informed by the Courts Service that it does not record the reason a particular summons is struck out, dismissed etc. Similarly, the reasons for an adjournment are not recorded.
I am, however, advised that the matter referenced in the Deputy’s question was determined by Noonan J., at the High Court on 21 September 2015 and An Garda Síochána sought to have all cases, where this issue had relevance, before the Courts at the time, adjourned pending an appeal of the High Court decision. In certain cases, the Presiding Judge did not accede to that request and the matter was struck out or dismissed.
I am further informed that, following the judgment by Edwards J., at the Court of Appeal on 10 May 2016, all District Officers liaised with the respective Law Officers insofar as the cases in their Districts were affected by the outcome of these proceedings to ensure that all cases affected by this issue, which have not been finalised, are brought back before the Courts.
I hope this information is of assistance.
