Question:
237 Dr. Upton asked the Minister for the Environment and Local Government if he will study reports (details supplied) in preparing a penalty points system. [6510/01]
Written Answers. - Penalty Points System.
The Government Strategy for Road Safety, 1998-2002, envisages a penalty points system as a key measure in support of road safety enforcement. The Government approved the drafting of legislation necessary for this measure in July 2000. The design of the system has, as anticipated in the strategy, required careful consideration because of the exclusive constitutional role of the Irish courts in the administration of justice. The drafting of the Bill is now being finalised and I expect it to be published very soon. My Department is also working to ensure the availability of a national driver file, complete with penalty points functionality, within the present year.
The preparation of an Irish penalty points system has involved study of comparable systems operating in many other states, including the systems operating in Great Britain and Northern Ireland, both from a legal and organisational perspective. The intended design of the Irish system is unlikely, however, to permit any significant replication of the models operating in other countries.
Question:
238 Dr. Upton asked the Minister for the Environment and Local Government if he will consider the use of a mobile phone while in charge of a motor vehicle as one of the offences for the purposes of penalty points; and if he will make a statement on the matter. [6511/01]
As I indicated in my reply to Questions Nos. 832 to 834, inclusive, on 30 January 2001, the Government Strategy for Road Safety, 1998-2002, indicated that, in common with a majority of EU member states, the Government does not propose at this stage to regulate for a specific prohibition on the use of mobile phones by drivers. Instead, the safe use of mobile phones by drivers was to be promoted through information campaigns, including campaigns supported by the mobile phone industry. In line with this policy, the National Safety Council has issued an advisory leaflet, sponsored by Esat, for the safe use of mobile phones by drivers. In another initiative, a leaflet has been issued by Eircell and the Automobile Association, in association with Esso.
Notwithstanding the absence of a specific prohibition, use of mobile phones which causes a driver to act in a manner which could be regarded as dangerous or careless, may be prosecuted under the Road Traffic Acts.
NRA Road Accidents Facts reports categorise human behavioural contributions to road accidents in generalised terms, which would not per mit identification of such specific factors as unsafe use of a mobile phone.