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Dáil Éireann debate -
Tuesday, 11 Mar 2003

Vol. 563 No. 1

Priority Questions - Penalty Points System.

Paul Connaughton

Question:

128 Mr. Connaughton asked the Minister for Transport his views on the low number of cases where penalty points have been awarded against motorists in view of the beneficial impact the introduction of penalty points had on the reduction of accidents on Irish roads; the steps he intends to take to overcome a deficit of appropriate signage on roads to clearly indicate to drivers the correct maximum speed allowable; and if he will make a statement on the matter. [7314/03]

Penalty points for speeding have been operating since 31 October 2002. Penalty points are being applied to the driving licence records of those convicted of speeding offences, and to those who pay a fixed charge to the Garda in order to prevent the instigation of court proceedings.

Preliminary indications from the Garda Síochána in respect of the operation of the system to date, show that, with no reduction in enforcement efforts, there has been a significant drop in the level of detection of speeding offences. As the Deputy has averted to in the question, there was also a significant reduction in road deaths over that period. In the final two months of 2002 the total number of road deaths was 46 compared to 77 in the same period in 2001. This very welcome reduction in fatalities has continued in 2003. Provisional figures to 4 March 2003 show 49 road deaths compared to 69 on the same date last year.

Penalty points are endorsed on the licence record held in the national driver file upon conviction for a speeding offence or upon payment of a fixed charge. The system operates in such a way that the offer of paying a fixed charge is always provided and a person has 56 days within which to pay the charge. If they opt not to pay, the case is taken to court. These periods are built into the system and ensure that every opportunity is afforded to the person to pay the fixed charge and avoid a court hearing. There is therefore an inevitable and intrinsic time-lapse between the issue of the notices, the payment of the fixed charge and the notification of the endorsement of penalty points. That the processing of notices by the Garda is operated on a manual basis, is a further contributory factor to those time lapses.

I would like to refer briefly to an internal Garda report relating to the operation of penalty points leaked to members of the press on 9 March. I have been advised by senior management in the Garda that this report was commissioned in respect of the Dublin metropolitan area only and that it is already acting on its findings. I have been reassured by Garda management that it remains fully committed to the successful operation of the penalty points system.

The recording of convictions for offences is a matter for the Courts Service. In addition, the compilation of data relating to payments of fixed charges where the relevant notices are issued by the Garda Síochána is a matter for that force. Both organisations transfer the appropriate data to the Department of the Environment and Local Government to facilitate its entry into the national driver file which is the responsibility of that Department. It is understood from the Department of the Environment and Local Government that 8,289 penalty point notices have issued as of 5 March 2003.

Additional InformationThe underlying focus and aim of the penalty points system is to improve driver behaviour. The most telling commentary on the success of the system will be the degree to which its presence and application contribute to a sustained reduction in road deaths.

Responsibility for the provision of traffic signs relating to speed limits on our roads is a matter for local authorities. Such signs may only be provided to indicate the locations where particular speed limits are being applied. While speed limits are determined either directly under the Road Traffic Acts or under regulations which I may make under those Acts, determinations in relation to the application of particular speed limits at locations is a matter for the elected members of the major local authorities. They are empowered to make by-laws relating to speed limits following consultation with the Garda and with the consent of the National Roads Authority in the case of national roads.

I recently announced the launch of a comprehensive review of speed limits. This review will address all the major issues relating to speed limit policy, including the range of speed limits deployed, the signage used to indicate speed limits and the implications of the adoption of metric values. A broadly based working group has been established to carry out this review and it has already commenced its consideration of this complex subject.

In the context of that review my Department has also written to local authorities seeking confirmation as to the status of by-laws in each of their areas and requesting them to review the appropriateness of the speed limits there.

On the internal Garda report, I find it remarkable that the Minister did not know what was happening.

The Deputy must ask a question.

I have several questions to ask the Minister.

We are running into difficulties on Question Time. Six minutes is the time allotted for each question.

I am fully aware of that.

If the Deputy who submits the question takes up two, three or four minutes there is no time remaining for the Minister to reply. I request Deputies to submit questions to which they wish to receive answers.

The situation which arose yesterday morning reminded me of a Laurel and Hardy comedy, another fine mess the Minister got us into. He and the Minister for Justice, Equality and Law Reform, Deputy McDowell, resembled two office boys who did not—

The purpose of Ques tion Time is to elicit information from the Minister.

I am asking a question.

The Deputy is making a statement.

Did the Minister know the Garda was preparing an evaluation of the situation? The Minister has publicly stated his intention to introduce more offences under the penalty points system. The electorate does not believe that because it would overload the system even more. The Minister, his officials and the Garda implementation group must have known what was happening. The introduction of the penalty points system has been a huge success and we want to see it continue. Is the Minister saying that all motorists who break the speed limit will receive penalty points and that where they go to court many will not get off because the case is statute-barred? The Minister should make a statement to the Dáil on what exactly is going on between his Department and the Garda.

I spoke yesterday to the Garda Commissioner and I have had a number of discussions with the Minister for Justice, Equality and Law Reform on this issue, and they have assured me of the commitment of the force to the penalty points system. I have another meeting later this afternoon with senior Garda officials and officials from the Department of Transport to see what can be done to allay the fears and concerns among gardaí.

It is up to the Deputy to believe whatever he wishes. He questioned me about what I knew. I first heard about the leaking of the report in a telephone call from an official of my Department at approximately 12.15 p.m. the morning before it was aired on "Morning Ireland". I had a general sense of the pressure the Garda was under in this regard and I know it was doing its best. Rank and file gardaí are fully supportive of this system and pressure points and difficulties are being ironed out.

I refer the Deputy to what Superintendent Farrelly had to say on radio yesterday, that many items in the report have already been or are being tackled. I am absolutely clear, as is the Garda Commissioner – he assured me of this yesterday – that anybody caught speeding will receive penalty points in due course.

May I ask a supplementary question?

I am sorry, Deputy, the time allocated to that question has expired.

Deputies are not being given an opportunity to ask questions.

That is the point I made earlier to the Deputy.

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