Olivia Mitchell (Dublin South, Fine Gael)
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Question 49: To ask the Minister for Transport if he remains confident that the penalty points system is working effectively; if he is confident that the system can cope with the addition of 31 extra offences on 1 April 2006; and if he will make a statement on the matter. [9568/06]

Martin Cullen (Waterford, Fianna Fail)
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The operation of the penalty points system, which commenced with effect from 31 October 2002 in respect of speeding offences, was subsequently extended to apply to the offences of driving without insurance, careless driving and offences relating to the non-wearing of seat belts.

When a driver accumulates 12 penalty points, he or she is automatically disqualified for a period of six months under section 3 of the Road Traffic Act 2002. Since its introduction, more than 300,000 drivers have incurred penalty points and 49 have been disqualified. The extension of the penalty points system to an additional 31 road traffic offences is scheduled for 3 April 2006 and I am confident that the relevant support systems will be in place.

The statutory regulations and commencement order to put the legal system in place for this extension of the penalty points system are being finalised in my Department in conjunction with the Office of the Parliamentary Counsel following consultation with the Department of Justice, Equality and Law Reform. The statutory instruments will be completed very shortly in advance of 3 April 2006.

Garda Síochána IT systems to process the new penalty points system are coming on stream. The relevant interfaces are in place between the gardaí and the Courts Services IT systems and the Department of the Environment, Heritage and Local Government, which holds and administers the national driving file.

Olivia Mitchell (Dublin South, Fine Gael)
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I did not catch the Minister's comments about statutory instruments. When will these statutory instruments be signed?

Martin Cullen (Waterford, Fianna Fail)
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They will be signed before 3 April 2006, which is the commencement date for the 31 new penalty points.

Olivia Mitchell (Dublin South, Fine Gael)
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My comments on the implementation of the penalty points system for the four offences have been well rehearsed in the past week or two. It is disturbing that the Minister apparently either does not accept that there is a problem or suggests that the problem will be miraculously fixed on 3 April 2006. The handheld units made available to the gardaí are little more than electronic dockets and do not give access to information about penalty points. In addition, the PULSE system does not give access to information about penalty points.

Even if this part of the process worked, does the Minister accept that the process itself contains built-in flaws because it involves so many different stages, individuals, Ministers and agencies, and is almost bound to fail? It is one thing to say that people are automatically disqualified once they acquire 12 penalty points, which is undoubtedly the legal position, but there is very little point in having this system if nobody, including the driver, knows this.

I am concerned that when we move to the additional 31 points and people will be automatically disqualified, at least in theory, if they are detected, leading to more people being automatically disqualified earlier because of the additional offences, the entire system will be completely discredited because it will break down. There are too many stages in the process of recording penalty points.

The Minister should accept that there is a genuine problem. I understand the Minister was quoted as saying that it was hearsay, but this problem exists. Does the Minister accept that responsibility should move to one body and one Minister? Otherwise, the system is bound to fail.

As part of the current Road Traffic Bill, we proposed establishing a safety authority, which would be fully responsible for ensuring that the entire sequence of stages in the process are fulfilled. If the Minister has a better idea, I am willing to listen to it. Perhaps, the gardaí should take responsibility for it. I am not sure which body should accept responsibility for it but some Minister must accept responsibility for ensuring that penalty points incurred are noted on a driving licence so that the system has meaning. If the penalty points system is to be effectively enforced, one Minister must be responsible for it. Does the Minister accept that the current system is failing because one Minister is not assuming responsibility? Will he guarantee that the issue is included in the promised Road Traffic Bill?

Martin Cullen (Waterford, Fianna Fail)
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I thank the Deputy for her comments. She raised an important issue a few weeks ago in respect of the national driver file and the automatic transmission of information held by it to the gardaí, which I have acted upon. That issue was raised in the context of other points just made by the Deputy.

A total of 49 people have been disqualified under the penalty points system. We must remember that it is illegal to drive with a driving licence once one has accumulated 12 penalty points. A person who has accumulated 12 penalty points must surrender his or her driving licence. If he or she does not comply with this requirement, he or she faces two further problems under the law and can be prosecuted for driving with a driving licence which should have been surrendered and for not surrendering the licence in the first place.

The issue in respect of IT systems is a matter for the Department of Justice, Equality and Law Reform and the gardaí. Considerably more people have been disqualified through the courts for committing other motoring offences than have been disqualified for accumulating 12 penalty points. Due to the fact that the national driver file is now available to the gardaí, I believe that gardaí should do more than simply wait to stop and catch people on the side of the road and then check out the information. There should be a proactive unit within the gardaí which would ensure, once it receives notification from the national driver file, which is delivered more or less in real time and with the co-operation of the licensing authorities, that the licences of people who have accumulated 12 penalty points have been surrendered. This unit should pursue those who have not surrendered their licences. The system should be much more proactive. It should not simply be a matter of the gardaí stopping people on the side of the road and checking whether there is a problem with his or her driving licence when the information goes back into the system.

The handheld unit, which will be used by the traffic corps, can take down all the details of a vehicle from the driver. If the garda suspects that the person has accumulated penalty points, he or she can return to the mainframe computer system in the station and download the relevant information. If he or she encounters a problem, he or she can automatically pursue the driver in question.

While some people may be abusing the system, I do not accept, nor do I have anything other than anecdotal evidence, that widespread abuse of the system takes place once people are disqualified. The vast majority of people who have been disqualified move to surrender their licences very quickly to serve their six-month period of disqualification as quickly as possible. There may be instances where people abuse the system but the law is very strong, as is the ability of the gardaí to prosecute people who do not surrender their licences or who drive with their licences when they should have surrendered them. The penalties are very severe so I would not advise any driver who has accumulated 12 penalty points and has been disqualified to take a chance and continue to drive.

We could progress by having a more proactive system in respect of notification and the existence of a unit within the gardaí which would pursue those who have been disqualified to ensure they have surrendered their licences.