Dáil Éireann Debate, Tuesday - 7 March 2006
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]
View answer67 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]
View answer118 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]
View answerI 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.
