Noel Dempsey (Meath West, Fianna Fail)

Before the debate was interrupted, I was speaking on the payment of fixed charges. Where fixed charge offences proceed to court, other amendments have been included in the Bill to improve the effectiveness of the overall fixed charge system. Section 34 sets out certain presumptions in relation to prosecutions for fixed charge offences, in particular, the presumption that a notice has been served where there is proof of posting or delivery of the notice.

Sections 44 to 46, inclusive, of Part 4 address penalty points. Any penalty points or driver disqualifications arising from paid fixed charge notices or court convictions must be applied to the driver through the driver licence record held on the national vehicle and driver file, NVDF, in Shannon. To make the system more effective and make the best use of available resources, it is necessary to maximise the payment of fixed charge notices and minimise the numbers proceeding to court. In addition, it is critical that the correct driver details are recorded at all stages of the process to enable the effective integration of driver information, penalty points and disqualifications on the driver record.

The main provision in the Bill on penalty points is under section 44. This section provides for amendments to facilitate the endorsement of penalty points where a licence record does not exist or has not been identified or where the person is the holder of a foreign driving licence. It also provides for the transfer of any penalty points accumulated from such a record to a pre-existing record, which is later identified.

Recent media attention focused on the endorsement of penalty points following a conviction in the courts for such an offence. The 2002 Road Traffic Act provides that a person who is alleged to have committed an offence under the Road Traffic Acts must produce his or her driving licence to the court on the first day he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge. The Act also provides that the court shall record whether the licence has been produced. The purpose of the requirement is to enable the court to record the driving licence details to facilitate endorsing penalty points on the licence record of drivers convicted of such offences.

Issues arising relating to the application of these provisions were identified during the extensive discussions that preceded the drafting of the Bill. Consequently, section 51 establishes a requirement to produce both a driver licence and a copy of the licence to the District Court clerk on the first day of the court hearing. This will further assist administrative procedures in the courts and the application of the penalty points to the appropriate driver licence record.

Sections 47 to 51, inclusive, of Part 5 deal with driver licences. It is vital that the driving licence system is robust from an enforcement perspective. Accordingly, the Bill has established a new requirement that will further validate the identification process of licence applicants. Section 48 specifies that licence applications, including renewals, must include a personal public service number, PPSN. In addition, section 49 provides for the offence of applying for a driving licence or learner permit while disqualified for holding a licence.

Increasing travel, migration and movement of goods in recent years has meant there are many more holders of non-Irish driving licences on our roads than in earlier years. It goes without saying that compliance with road traffic legislation is important for all road users, both for their own safety and for the safety of others. The introduction of mutual recognition of driving disqualifications between this country and the United Kingdom on 28 January this year marks a significant road safety measure because it aims to target some of the most dangerous drivers on our roads. It is a good example of the co-operation that exists between the jurisdictions and, separately, our joint determination to save lives and reduce injuries on our roads.

Part 5 also provides for amendments to the definition of a "driving licence" to bring foreign driving licence holders into the scope of the application of sanctions for road traffic offences, including a disqualification for holding a driving licence. This matter has been raised in the House on several occasions. Section 52 will also ensure that a person who is in receipt of a disqualification order stands disqualified for holding a driving licence, whether that person holds an Irish or a foreign driving licence.

The Bill includes a number of miscellaneous provisions. In addition to addressing the major policy issues I have outlined, it provides for a number of necessary initiatives which will help to bring clarity to a number of areas, with particular attention being paid to deterrents.

Section 61 provides for making current third party motor insurance data available as soon as possible for the purposes of enforcing the requirements of the principal Act and to meet the information needs of the fourth and fifth motor insurance EU directives in providing insurance and ownership details to the victims of motor accidents by means of an information centre operated by the Motor Insurers' Bureau of Ireland.

Section 62 repeals section 21 of the Act of 2002, section 15 of the Act of 2004 and section 17 of the Act of 2006, restates the provisions in respect of evidence on speeding and certain other offences and clarifies those relating to the development, production and viewing of records produced by safety cameras by Garda civilian personnel designated by the Garda Commissioner under section 19 of the Garda Síochána Act 2005. Section 63 provides for the ordering by the court of costs of prosecutions incurred by the court in the investigation, detection and prosecution of offences under the Road Traffic Acts 1961 to 2009.

Section 70 provides for the amendment of section 35 of the Act of 1994 to allow regulations made under the section to specify the manner in which permits issued by a local authority must be displayed on the vehicle concerned.

In addition to the new and amended provisions described, I have taken the opportunity in the Bill to consolidate the intoxicated driving provisions from a number of earlier Road Traffic Acts in a clearer format and with consequent repeals. This means all intoxicated driving provisions will be together in one part of the Act.

The key determinant of road safety performance is the behaviour of road users. Consequently, the primary focus of our road safety strategy is to positively influence behaviour. This can be attained through initiatives across a range of areas, including the enactment and enforcement of laws that promote good road user behaviour. Such laws must be also underpinned and supported by the application of fines, prison sentences and driving disqualifications as well as the necessary technological resources.

In that context, the finalisation of the safety camera contract in 2009 by my colleagues, the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, and Garda Commissioner Murphy is most welcome. Reducing excessive and inappropriate speed on our roads is another key road safety component for all road users. The safety camera initiative and introduction of new drink driving limits levels should have a major impact, both in deterrence and enforcement, in the advancement of the overall road safety programme.

This Bill is yet another element of that programme and will, without doubt, build on those achievements of recent years. It will help to deliver additional improvements to the manner in which all drivers interact with our road system. Society expects and requires these improvements, whether in the short, medium or long term.

The establishment of the Road Safety Authority and Garda national traffic corps is testament to the radical approach that has been taken towards the development of road safety policy. This approach is also supported by the separate establishment of a special ministerial committee on road safety, chaired by me, to promote cross-cutting road safety issues at which all of the relevant Ministers are afforded the opportunity to address issues of immediate importance in a collective and systematic way.

The Bill is targeted at some specific areas of driver behaviour. As Deputies will be aware, road traffic legislation is complex and covers a wide range of activities. I have, however, taken the approach in this Bill of concentrating on certain key priority issues. I hope this approach will help to deal with these issues in a more focused and prioritised way. When taken with the institutional changes to which I referred, the Bill marks a significant watershed in the deployment of road safety policy.

I am sure Deputies will make worthwhile suggestions for initiatives in the area of road safety. However, these may not fall within the parameters I have set for this particular Bill. Nonetheless, I can assure the House that any such suggestions will be considered very carefully.

My officials are currently considering a number of amendments to the Bill, in consultation with the Office of the Attorney General, which I propose to introduce on Committee Stage. For the most part, they will be technical adjustments to existing provisions. However, I will also be proposing amendments to deal with certain issues that have arisen since the Bill's publication. That includes provisions to address the role of the Garda in enforcing advanced driving instructor requirements, changes to the detention period under section 41 of the Road Traffic Act 1994 and further changes to the requirements provided under section 51 of the Bill relating to the production of driving licences in court. We are also giving consideration, in consultation with the relevant stakeholders, to proposals submitted by the Road Safety Authority for the introduction of a deposit scheme to address the issue of breaches of certain offences for non-resident drivers under the Road Traffic and Transport Acts.

I look forward to the debate and the continued constructive approach Members on all sides of the House have adopted to road safety matters.

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