Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank Deputy Collins. I refer to the point I made earlier about the requirement for the criminal and civil penalty points systems to be separate. There was a very indepth examination in regard to the licence holder statutory instrument. If we are to have a penalty points system which is implementable and effective then it has to stand separate to any criminal proceedings that might arise. Otherwise, we would not have a system that meets our obligations under the European regulation.

I acknowledge Deputy Mac Lochlainn's earlier comments as well. In Ireland's case, we also have a reasoned opinion taken against us by the European Commission in regard to our non-application of this regulation. That reasoned opinion from the Commission sets out the requirements we must fulfill to become compliant. It is not a consultancy report but the reasoned opinion that threatens enforcement actions against us to force us to comply. It sets the terms with which we must comply if we are to meet the terms of the regulation. It is also the key guidance in regard to the legislation before us as well.