‘Hasty’ road safety laws in trouble, says expert

THE Government is paying the penalty for hasty legislation on road safety, a legal expert warned yesterday.

Thousands of speeding motorists are now hoping to avoid penalty points due to what a judge described as legally unreliable radar guns.

The Opposition demanded emergency legislation to close legal loopholes, warning further lives will be lost after a weekend of carnage on Irish roads.

The Attorney General is examining district judge Con O'Leary's recent decision to dismiss speeding cases on the grounds that the equipment gardaí use is flawed.

A Department of Transport spokesperson insisted yesterday the district court decision will not open the floodgates. "The legislation will be amended without any major difficulty but if further problems arise, we will seek a test case in the High Court," the spokesperson said.

But solicitor Brian O'Callaghan said yesterday the Government's anxiety to expedite different aspects of the penalty points system was leading to cracks in the legislation.

Mr O'Callaghan said under the Road Traffic Act 2002, the law was quite specific in that any machine or apparatus used for detecting speed must be capable of producing a record of the driver's speed.

"The garda has to keep a copy on file and also present a written copy to the accused before any proceedings arise," he said.

However, referring to doubts being cast on the legality of the penalty points system, Justice Minister Michael McDowell said yesterday it was most important to have a good legislative framework in place which did not "constantly trip itself up".

The legal profession, meanwhile, clashed with Ireland's National Safety Council yesterday after a claim solicitors were challenging legislation responsible for the "common good" of declining road accident figures.

Safety council chief executive Eddie Shaw said Government strategy to improve road safety was working and had led to fewer fatalities.

But pointing to "a sub-text more worrying on a broader view", Mr Shaw said: "Many thousands of solicitors have been employed in this country over the last number of years in the expectation that personal injuries claims and awards would continue to escalate and that has changed dramatically."

His comments were branded as "completely gratuitous and unworthy" by Irish Law Society director general Ken Murphy.

He said: "It is quite clear that Mr Shaw implied that solicitors wish to see a continuation of a high level of road deaths and injuries.

"If it were true, it would be a shameful thing. But it is not true, and it is a shameful thing for Mr Shaw to have said it.

"I take offence at that and think every solicitor in the country will take offence at that.

"It is a new low in debate as far as we are concerned. The honourable thing to do would be to withdraw these remarks," Mr Murphy said.