Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

They are subject to our laws as we are to theirs. There is absolutely no doubt about that. They will get a fixed-charge notice. They will still be detected in exactly the same way as we are. They are subject to all that. There is the application of penalty points. I will tell the Deputy what my brief states on this because I specifically asked for this before coming here today.

Discussions began in 2012 between officials, North and South, regarding the possible establishment of mutual recognition of penalty points between the two jurisdictions. There is no agreed international framework for such mutual recognition and no successful known precedent is in place elsewhere between two or more jurisdictions. It is an extremely difficult project to deliver on, particularly because no precedent exists elsewhere that might assist. This is to do with the penalty points harmonisation.

Since late 2013 the main identified obstacle, but not the only obstacle, to North-South mutual recognition of penalty points is service of summonses to an address outside the respective jurisdictions. The serving of summonses and evidence of such service when the case arrives at a court hearing is central to the success of the project. This is a difficulty as the Deputy can understand and I am sure he comes across it in his area close the Border.

In Ireland, the Department of Justice and Equality and the Garda Síochána have met representatives from the Office of the Attorney General on a number of occasions this year to discuss the difficulties encountered by the Garda Síochána concerning the serving of summonses on individuals residing in Northern Ireland over road-traffic offences which occurred in Ireland and regarding ensuring the attendance of defendants residing in Northern Ireland at court proceedings in Ireland. This is work which is ongoing. In other words they do not turn up, obviously, much of the time. It will be necessary to successfully resolve the issues and challenges in this area before other legislative changes to enable mutual recognition of penalty points could be considered further. are not attending court. It is an issue that is being addressed and we are conscious of it. There is no precedent for being able to do it, but we are trying to tackle it.

The Deputy put his finger on something. People are obviously getting away with it. They are getting detected and getting the penalty points but