Dáil debates

Thursday, 18 December 2014

Road Traffic (No.2) Bill 2014 [Seanad]: Second Stage (Resumed) and Subsequent Stages

 

4:10 pm

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

Deputies have raised a large number of detailed points on which they expect me to respond. However, I will conclude on this point.

The acceptance of liability means that this issue will not end up in court and is, as a consequence, a civil law issue. The guiding point for me in all of this has been that I am not proposing to create an offence but dealing with a legal vacuum at the point at which the administration of the offence takes place. It is the correct approach for this reason. I am sorry I do not have more time to respond to Deputy Michael McNamara's request that I explain the reason for taking this approach, but the approach is necessary because continuity of enforcement is essential to a system such as penalty points. It is merited because I am achieving continuity of enforcement by addressing a legal issue and lacuna in the application of penalty points. If I were to seek to deal with other areas of law for which I am responsible or other types of behaviour, my answer to the Deputy's question would be different. The issue relates to the application of penalty points after the admission of liability. I am not seeking to create a new offence and my approach is correct for these reasons. Perhaps I might be able to engage with the Deputy on later Stages.

If the Acting Chairman will forgive me, I propose to address quickly a number of specific points raised by Deputies. I fully concur with Deputy Timmy Dooley's statement that while the error is technical in nature, its consequences are great. I have been transparent in communicating publicly on the number of people who have been affected by this issue.

Deputy Dessie Ellis asked whether I would take this approach to other items of legislation for which I was responsible. I will do so. I am aware of the Deputy's particular interest in drug testing and I will continue this approach in dealing with that matter.

Deputy Finian McGrath asked what the consequences would have been if the penalty points in the relevant cases had been erased. This goes to the heart of the question Deputy Michael McNamara posed.

Deputy Michael Fitzmaurice raised the issue of GoSafe vehicles, which I addressed. Deputy Mattie McGrath asked the reason there had been no pre-legislative discussion of the Bill. The reason is the urgency attached to the matter. I did my utmost, as Deputies have acknowledged, to consult people before introducing the Bill.

The Minister of State, Deputy Michael Ring, noted the importance of having a derogation in respect of an aspect of the haulage industry. I am aware of the issue he raises.

Deputy Michelle Mulherin raised the issue of the national car test, one to which I referred.

Deputies Willie Penrose and Thomas P. Broughan have raised an issue that is at the heart of the difficulty I face, namely, the need to consolidate road traffic legislation. Deputy Willie Penrose sketched the different laws that had been touched on and commented on the technical nature of the issue. The only response must be to consolidate traffic law which I hope will be done in the longer term. I will commence work in this area.

I hope Deputy Thomas P. Broughan is following the debate in his office. He has asked me on a number of occasions to outline the position on funding for information technology that would allow us to proceed with the third payment option. He has raised this issue repeatedly in the media and the House. He has a great interest in it and understands its importance. I am pleased to inform him that I have secured sanction from the Department of Public Expenditure and Reform to begin work on it. I will update him on the matter.

I will consider the detailed points raised by Deputy Robert Dowds on penalty points applied in the future.

I have responded to the best of my ability to the points raised by Deputy Michael McNamara.

Deputy Patrick O'Donovan asked whether I would come before the Joint Committee on Transport and Communications to discuss some of the points he had raised. I will do so.

Deputy Bernard J. Durkan raised the issue of inconsistent speed limits. A review of this issue was published earlier this year and its implementation is under consideration.

Deputy Jerry Buttimer also raised the issue of NCT centres, one to which I referred.

In the past three hours many Deputies have raised detailed points in a constructive manner. I appreciate the indulgence shown by the Acting Chairman, Deputy Catherine Byrne, in allowing me to respond to them and touch on the broader issues raised by Deputies.

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