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Dáil Éireann debate -
Tuesday, 7 Mar 2006

Vol. 616 No. 1

Other Questions.

Road Traffic Offences.

Róisín Shortall

Question:

54 Ms Shortall asked the Minister for Transport the reason there is no mutual recognition of penalty points between Northern Ireland and the Republic of Ireland despite more than five years of British-Irish Council meetings on road safety; the steps he is taking to improve progress in this regard; and if he will make a statement on the matter. [9174/06]

Pat Breen

Question:

67 Mr. P. Breen asked the Minister for Transport when the mutual recognition of driver disqualification and penalty points between Ireland and the UK will be implemented on roads here; and if he will make a statement on the matter. [9080/06]

Aengus Ó Snodaigh

Question:

118 Aengus Ó Snodaigh asked the Minister for Transport if he or his Department have had meetings with his European counterparts on different laws regarding road safety and mutual recognition vis-à-vis penalty points and driver disqualification. [9163/06]

I propose to take Questions Nos. 54, 67 and 118 together.

I refer Deputies to the replies to Question No. 194 of 1 February 2006 and Question No. 449 of 14 February 2006. This issue is being dealt with at two levels. First, there is the position on offences involving driver disqualification and, second, there is a process in train for offences that attract a lesser penalty, including penalty points. I will deal with each separately.

A framework for the mutual recognition of disqualifications is contained in the European Union Convention on Driving Disqualifications, 98/C 216/01. The convention relates to disqualifications arising from a range of specified traffic offences, including drink-driving, speeding and dangerous driving. Irish legislation to support the application of the convention is contained in the Road Traffic Act 2002.

In advance of the convention fully coming into force and following a ministerial meeting of the transport sectoral group of the British-Irish Council on 9 February 2006, I have formally agreed with the British Minister of State for Transport to enter into bilateral arrangements on the mutual recognition of driving disqualifications as envisaged in the EU convention. Officials are now preparing this agreement which will allow the relevant administrations to recognise and take action on driving disqualifications occurring in the other jurisdiction and I expect it to be in place later this year.

It was also agreed at the BIC meeting that officials should examine the prospects for greater co-operation in the treatment of other road traffic infringements where the penalty falls short of disqualification. The development of a system of mutual recognition of lesser offences presents complex legal questions and will require the negotiation of a bilateral agreement between the two Governments and probably the passage of primary legislation to support such an agreement.

It is recognised, however, that because there are three separate systems for penalty points in operation, straightforward mutual recognition of points is not practical. Nevertheless, an agreement to recognise lesser offences not covered in the convention might be feasible whereby the offences could be notified and the penalties appropriate to such offences in each jurisdiction applied.

Northern Ireland has the lead role for transport matters in the BIC and the authorities in that jurisdiction are taking the lead in considering this issue. It was agreed that officials examine the issues further and report back by the end of May. However, given the complexities, I expect further work will be necessary at that stage.

Issues relating to road safety are kept under review at EU level and the transport and energy directorate is examining bilateral or multilateral agreements and other instruments, such as directives and conventions, which address the cross-border enforcement of road traffic offences.

Does the Minister accept there is a serious problem with speeding in the Border counties, North and South, and that the ridiculous situation exists where a person can cross the Border and speed with impunity? Anyone who drives on the M1 at 120 km/h will be passed by several cars from the North travelling at least 15 km/h faster. The same applies to southern drivers north of the Border. I do not understand why a system of mutual recognition of penalty points has not been introduced after five years of meetings of the British-Irish Council. Does the Minister accept that this problem needs urgent attention from both Governments? How many meetings on transport have been held within the British-Irish Council in the past five years? How many discussed mutual recognition of penalty points? Does the Minister not agree that we should move towards a North-South road safety strategy in key areas?

It is a point of principle for this Government to support greater co-operation at every level with Northern Ireland. We are trying to pursue all these policies. There must be a response, however, from the other side to bring such efforts to fruition.

Is the other side not responding?

The Deputy should not ignore the fact that we made great progress at the previous meeting in securing agreement on the notification of serious disqualification offences to both authorities. That is a major step forward.

How many meetings have taken place?

Three different penalty points systems are in operation and while that is the case, the system cannot recognise a variety of points. To overcome this I suggested that if we cannot recognise penalty points directly, we should find a system of notification to both jurisdictions of those who have points and then be able to apply them here or in Northern Ireland to drivers on either side of the Border. I have pushed for this and we have led the debate at European Council level to encourage other member states to adopt a harmonious system for the recognition of penalty points. We are one of the few members states trying to go beyond the European position to secure bilateral agreements. We were the first to get as far as we have on the recognition of major disqualifications and notification to each jurisdiction of those who have been disqualified. That is a step forward.

How many meetings have taken place in the last five years?

I do not have that information. Meetings take place constantly at official level.

They are few and far between.

I welcome at least the fact that the issue is being taken seriously and that a framework has been accepted North and South on the disqualification notification. If we are to notify other jurisdictions about disqualifications, however, we must sort out our own problems. We must be able to notify people who are disqualified here that they are disqualified and we must be able to inform the Garda they are disqualified. The local authorities, bizarrely, are also involved in the penalty points system when people reach the 12 point limit. If such systems are not in place, what hope have we of making a system that acts between two jurisdictions effective?

I agree. This is all part of a larger package. We must accept that progress has been made recently. The new systems have now come on stream, allowing me to expand penalty points to cover 35 offences.

What new systems have come on stream?

From 3 April the new computerised system will be available to all members of the Garda traffic corps.

The Minister is hallucinating. There will be no new computer system on 3 April. All that is happening on that date is the involvement of another agency, An Post.

Equally, the establishment of the road safety authority, which will collate the information from myriad bodies on road traffic offences, accidents and injuries, was called for repeatedly. We are making progress with the systems, although we are not there yet. I accept that.

The Minister said that the law in the North is not compatible with England, Scotland or Wales. Is that part of the problem?

The penalty points systems in Northern Ireland and Britain are different. There are also different legal systems, which make things even more complex.

That suggests that the EU offers the way forward. Is compatibility being pushed at European level?

The Republic of Ireland is at the forefront of this issue. The only medium to long-term solution to this is an EU-wide system with a legal basis and mutual recognition of penalty points in all member states. In advance of that, at least on this island, the authorities in the North and ourselves are moving ahead. We have taken a significant step forward, which is in advance of anything achieved by other European countries, in agreeing that major disqualifications will be notified to the authorities in both jurisdictions. This will have a significant impact on drivers from the South who believe they can drive in the North with impunity and vice versa because they will no longer be able to do so once information on drivers becomes available in both jurisdictions.

Public Transport.

Michael Ring

Question:

55 Mr. Ring asked the Minister for Transport the date when he will proceed with reform of the bus market; and if he will make a statement on the matter. [9085/06]

Seán Ryan

Question:

58 Mr. S. Ryan asked the Minister for Transport his response to the Dublin Bus submission of 20 January 2006 for funding for additional buses; and if he will make a statement on the matter. [9189/06]

Ruairí Quinn

Question:

59 Mr. Quinn asked the Minister for Transport if he has received the bus network review from Dublin Bus; and the action he proposes to take in response to same. [9052/06]

Enda Kenny

Question:

88 Mr. Kenny asked the Minister for Transport if he will publish the network service review carried out by Dublin Bus; the way in which he intends to proceed in relation to the recommendations of this review; and if he will make a statement on the matter. [9118/06]

John Gormley

Question:

115 Mr. Gormley asked the Minister for Transport when a decision will be made on the application for funding made by Dublin Bus for the purchase of 200 new vehicles to serve the new bus corridors; when such buses would be delivered; and the multiannual funding support package available from the Government to support the purchase of new buses by Dublin Bus. [9210/06]

Jimmy Deenihan

Question:

122 Mr. Deenihan asked the Minister for Transport if he has received a proposal from Bus Éireann to expand its fleet; the details of this proposal; his response to same; and if he will make a statement on the matter. [9107/06]

Pádraic McCormack

Question:

136 Mr. McCormack asked the Minister for Transport when the funding to provide additional buses as requested by Dublin Bus will be provided to the company; and if he will make a statement on the matter. [9105/06]

Olwyn Enright

Question:

156 Ms Enright asked the Minister for Transport when legislation to establish a new public transport commission will be published; the powers and functions of this commission; and if he will make a statement on the matter. [9108/06]

Dan Boyle

Question:

160 Mr. Boyle asked the Minister for Transport if and the way in which he intends introducing new private bus operators into the Dublin Bus market; and the progress he has made in negotiations with transport unions in this regard. [9203/06]

I propose to take Questions Nos. 55, 58, 59, 88, 115, 122, 136, 156 and 160 together.

I am committed to the delivery of a high quality, effective public transport system and Transport 21 is testimony to this commitment. I am also committed to modernising the regulatory framework governing public transport, not only in Dublin but nationally. Specifically, at the launch of Transport 21 I stated I was convinced that we need a new approach to transport in the greater Dublin area, delivered through a single authority with the power to ensure joined up thinking and delivery across all transport modes.

In advancing the regulatory agenda discussions have taken place with the key stakeholders. These discussions form part of a process of engagement which will facilitate and inform the determination of the appropriate structure for the new framework and supporting legislation. This process will also be informed by the work of the team appointed to finalise the remit, structures and human resource requirements of the proposed Dublin transport authority. I will finalise my consideration of how best to proceed with public transport reform and the proposal for a public transport commission in light of the report from the team and I hope to be in a position to publish legislation on the matter in the current year.

Meanwhile, Dublin Bus submitted an application for funding to me on 20 January 2006 for additional fleet requirements for 2006 and 2007. In recent days, I also received an application for funding for additional buses from Bus Éireann. My Department is examining these applications in the context of Transport 21, the future bus needs of the Dublin area and provinces, the bus network review completed by Dublin Bus, which was forwarded to my Department on Thursday last, and the Bus Éireann development plan which my Department received late in 2005. I will make a decision on these applications when the respective assessments have been completed and having regard to the outcome of my deliberations on the reform of the bus market, which I intend to conclude in the coming weeks.

As regards the bus network review, I understand copies of the review, which the Department finally received last Thursday, are available from Dublin Bus.

I and many other Deputies have been raising this matter for some time and on each occasion the Minister informs us he is engaged in talks with Dublin Bus, trade unions etc. Unlike the customers and commuters trying to travel to work every day whom the Minister is supposed to represent, he has a seat at the Cabinet table. He and his two immediate predecessors promised reform of the bus market and the introduction of a new regulatory framework which would allow an increase in the number of buses on the streets of Dublin. When will their promises materialise?

The Minister indicated he may have legislation published by the end of the year. The people of Dublin are screaming out for immediate liberalisation of the bus market. I had the misfortune to travel on the M50 this morning on my way to the National Roads Authority's road safety conference. It took me an hour and a quarter to travel four miles in the bedlam on the road. Those who must make this journey and the many others around Dublin who must make similar journeys are screaming out for buses. Where are the fleets of buses which could bring these drivers — most cars on the M50 have no passengers — to work every morning to the industrial estates and business parks along the M50? It is in the Minister's power to offer them relief, almost overnight, but time and again he has refused to do so. When will he reform the bus market?

The Deputy and I are in agreement. My assessment is that Dublin needs a substantial number of new buses on routes and Transport 21 provides for a 60% expansion of the city's bus network. I received the bus network review for Dublin just last Thursday. This document is central to any action one might take in the Dublin area as one must know where the network is likely to grow. For several months I have, with some frustration, sought this core document.

In parallel, the drafting of proposals from Professor O'Mahony's establishment team for the Dublin transport authority is already under way. It is more than prudent to await this report because, as the Deputy will agree, all transport issues in Dublin need to come within the remit of a single body. Some of the issues to which the Deputy referred may well become the responsibility of the Dublin transport authority but I will wait until I receive the final report before making a decision.

Legislation is first needed to reform the regulatory framework.

That is correct.

Written Answers follow Adjournment Debate.

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