Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

The penalty point system is supposed to be an administrative law system as opposed to a criminal law system. The standard level of proof for civil law is the balance of probabilities. The level of proof used for criminal law is beyond a reasonable doubt. Across Europe and across the Common Fisheries Policy, the approach of the penalty point system is supposed to operate in parallel to the criminal law. Somebody, for example, who gets a penalty point could also be subject to, depending on the severity of the offence, a criminal proceeding. In a criminal proceeding, the threshold is beyond a reasonable doubt. However, this is not a criminal system. This is an administrative law system. Therefore, the appropriate benchmark for that is "on the balance of probabilities". That is certainly the terminology that is used in our systems in Ireland. Across the board, other member states all have their own definitions as to what applies to administrative law, criminal law etc. They will apply that as appropriate to their particular systems.