Martin Cullen (Waterford, Fianna Fail)

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.

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