John Browne (Wexford, Fianna Fail)
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To ask the Minister for Transport, Tourism and Sport the changes he plans to make to penalty points; and if he will make a statement on the matter. [57197/12]

Alan Kelly (Tipperary North, Labour)
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This year marks the tenth anniversary of the introduction of a system of penalty point offences in this country.  Earlier this year, the Department undertook a review of the system to determine whether any changes would be appropriate.  The finalised review was forwarded to the Joint Oireachtas Committee on Transport and Communications for its consideration.

Several adjustments to the current system were recommended. These include an increase in the number of penalty points for speeding, holding a mobile telephone phone while driving and seat belt offences from two, or four on conviction, to three and five, respectively.  The review also included proposals to bring additional road traffic offences into the penalty points system.  For some offences, such as using a vehicle without a test certificate, penalty points will apply rather than a direct summons to court.  

The Minister accepted the recommended adjustments and primary legislation is now required to give them effect. It is intended, therefore, to introduce a road traffic Bill in the Oireachtas early in 2013, which will make the necessary provisions, with the intention being to publish the Bill in the new year.  In the meantime, the general scheme can be viewed on the Department's website.

Timmy Dooley (Clare, Fianna Fail)
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I thank the Minister of State for his reply and assure him that Fianna Fáil will be happy to support the changes that are proposed. It is a positive aspects of politics in this country that road safety was not hijacked by any political party, with the previous Government receiving considerable support from the then Opposition for its efforts to develop an effective road strategy. In fact, one of the most positive achievements of the Legislature in the past ten years is the success we have had in terms of reducing incidents of death and injury on the roads and the consequent positive impact in terms of the treatment times within hospitals.

Having said that, it is incumbent on us, on an ongoing basis, to raise this issue in the House. It is only by keeping road safety always in the spotlight that we will continue to see an appreciable effect in terms of raising public awareness. It is particularly important as we head into the Christmas period that people are especially mindful of the need to show due care and attention on the roads.

Alan Kelly (Tipperary North, Labour)
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I could not agree more with the Deputy's last point. I also take on board his reference to efforts by previous Governments, in co-operation with the Opposition, in this vital area. We can never be complacent in this regard and must always seek to improve existing legislation. That is why, following on from the assessment of the Oireachtas committee, that the changes we are proposing will be introduced in the Bill to be published very early in the new year.

Mick Wallace (Wexford, Independent)
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My colleagues and I have called for a public inquiry into allegations of malpractice in the administration of the penalty points system.

Some people are very concerned about problems in the system in terms of what it is lawful to terminate and what is not. What is required is a review of the system surrounding the discretion the gardaí use and the policy and processes within the Garda to oversee the exercise of that discretion. We must examine what is and is not lawful to terminate, what criteria are used, if any, what process is used, whether reasons are set out, if there is a paper trail, what monitoring and oversight provisions exist and what review or appeal mechanism exists to ensure that this discretion is exercised fairly. It is alleged that there have been almost 100,000 terminations in the last five years. Only a public inquiry by a specially appointed independent individual can respond to these allegations and the serious concerns raised, in order to restore public confidence in the force.

Dessie Ellis (Dublin North West, Sinn Fein)
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The penalty points system has contributed hugely to the number of lives that have been saved on the roads. I have a question about people who drive unaccompanied by a full licence holder. Section 54(c) must be activated, if I am not mistaken, and primary legislation is required. Will the Minister confirm that? Will he also comment on what is planned to deal with people who not display learner plates? Once again, I believe legislation will be required. What is planned to deal with the people driving under the influence of drugs, as opposed to driving under the influence of drink?

Luke Flanagan (Roscommon-South Leitrim, Independent)
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On the penalty points system, earlier the Minister spoke quite passionately about how he intended to enforce the law for taxi drivers. That is very admirable. I hope he will be as quick to enforce the law when it comes to what is happening with the penalty points at present.

Alan Kelly (Tipperary North, Labour)
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The Minister and I are aware of the claims regarding the alleged quashing of penalty points for road traffic offences. When provided with the documents the Minister forwarded a list of all the allegations to the Minister for Justice and Equality expressing his concern and asked that the matter be fully investigated. The Government believes the matter must be fully investigated. I understand the Garda Commissioner has ordered an investigation of the allegations under the direction of Assistant Commissioner John O'Mahoney. They are allegations at this stage, although many Deputies have commented openly on them in the media recently. However, it would not be appropriate to comment further until the investigation is complete and the Government makes a decision on how it will respond to the investigation. This issue is being taken very seriously and will be investigated thoroughly, as it must be.

On the questions asked by Deputy Ellis, if a learner driver drives without appropriate learner plates, they will receive penalty points and if they receive six penalty points, they will have their licence revoked. That is an important new change. There will be roadside testing for drugs and a process will be put in place to achieve that. There will be two stages in the process. The first is to ensure that we can do roadside drug testing. Every Member would support that. At a later date we hope to be able to provide the mechanisms for doing that as well. Initially, we will carry out roadside testing. The Deputy asked some other questions and I will revert back to him on them.