Thomas Pringle (Donegal South West, Independent) | Oireachtas source

The Minister is trying to make the case that there is a difference between this penalty points system and criminal proceedings. However, where criminal proceedings are taken and they fail, in law no offence has taken place. If there is a difference, this provision should not form part of the statutory instrument. The Commission regulation and Council regulation are silent on this matter. There is no reference in either of those regulations to any national proceedings affecting the penalty points system. I believe that where legal proceedings are taken and they succeed, thereby indicating that in law no offence has taken place, the penalty points should be revoked. It is another matter as to whether any case taken would be likely to succeed. However, that is a separate issue. In terms of confidence and natural justice, it should be the case that where a case is won the penalty points are not applied.

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