Bernard Allen (Cork North Central, Fine Gael)
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Question 469: To ask the Minister for Transport his views on whether the legislation regarding penalty points for those exceeding the speed limit does not apply to non-Irish citizens who do not hold Irish licences; and whether it is correct that if this category of person is caught for alleged speeding, no penalty points will be endorsed on their license. [19620/05]

Martin Cullen (Waterford, Fianna Fail)
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At present, where a driver with a foreign licence is detected committing a penalty point offence in the Republic, it is not possible to record penalty points as no entry exists in the national driver file relating to that driver. The Road Traffic Act 2002 provides that where such drivers pay a fixed charge, a record is opened in the national driver file recording details of the offence and the number of penalty points applicable are held in abeyance. Should the driver apply for an Irish driving licence at a later date, the points then become live and will be endorsed on the licence record for a three-year period.

Penalty points systems do not operate in all EU member states and in that context, there is no EU legal framework that would support the mutual recognition of such systems. The authorities in the Republic, Northern Ireland and Great Britain are considering the introduction of a scheme to provide for the mutual recognition of penalty points between the United Kingdom and Ireland. In addition to the system that operates in this jurisdiction, separate penalty points systems operate in Northern Ireland and Great Britain and there is no mutual recognition between those two systems. Accordingly, where a person who holds a Northern Ireland licence commits a penalty point offence in Great Britain, the points cannot be recorded on that licence. This consideration is being pursued under the auspices of the British-Irish Council, BIC.

The Northern Ireland Departments of the Environment and Regional Development are the lead agencies for transport and road safety related matters under the BIC and have been considering this matter. This Department has referred the matter to the Attorney General given the complex legal issues surrounding this area.