Jan O'Sullivan (Limerick East, Labour)
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Question 147: To ask the Minister for Transport the progress made in reaching an agreement on the mutual recognition of penalty points with the Northern Ireland authorities; and the number of Ministerial Transport Councils that have been held to discuss such issues since the inception of the British-Irish Council. [3110/06]

Martin Cullen (Waterford, Fianna Fail)
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I refer the Deputy to my replies to Question No. 150 on 19 October 2005 and Question No. 160 on 24 November 2005.

The North-South work programme, which was agreed by the North-South Ministerial Council, included a commitment to examine the mutual recognition of penalty points between the Republic of Ireland and the North. However, in addition to the fact that separate penalty point systems operate in the two jurisdictions on this island, the system that operates in Northern Ireland differs from that applying in Great Britain. For that reason, it was agreed that it would be more appropriate to pursue the question of mutual recognition of penalty points on the basis of the operation of the three systems and that it would also be more appropriate that it would be dealt with under the auspices of the British-Irish Council. As Northern Ireland has the lead role for transport matters in the BIC, the authorities in that jurisdiction are taking the lead in considering this issue.

The development of a system of mutual recognition of penalty points presents complex legal questions and will require the negotiation of a bilateral agreement between the two Governments and probably the passage of primary legislation to support such an agreement. For that reason, my Department has sought and obtained the advice of the Attorney General's office in relation to this issue which will inform future consideration of the issue.

Under the structures of the British-Irish Council, Northern Ireland is the lead administration for the organisation and co-ordination of all BIC transport sectoral issues. There has not been a BIC transport ministerial meeting since these road safety issues were adopted onto the BIC work programme in November 2004.

Mutual recognition of driving disqualifications and driving offences will be discussed by Ministers at the forthcoming BIC Transport Ministerial meeting scheduled for 9 February 2006.

Joe Sherlock (Cork East, Labour)
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Question 148: To ask the Minister for Transport the reason he has not provided for increased penalties under section 22 of the Road Traffic Act 1994 to meet the cost of investigating and analysing samples from drink and drug drivers. [3130/06]

Martin Cullen (Waterford, Fianna Fail)
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Section 22 of the Road Traffic Act 1994 provides that where a person is convicted of a drink driving offence, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay a prescribed amount to the court as a contribution to the costs and expenses of the Medical Bureau of Road Safety. The prescribed amount, which was established in 1994 at £75, is €95.23.

The Road Safety Strategy 2004-2006 provides for the implementation of a range of linked measures relating to drinking and driving including the adoption of a system of random roadside preliminary breath testing. These proposals include a specific measure for an increase in the charge imposed by the courts under section 22 of the Road Traffic Act 1994. The initiative will be pursued in association with the proposals for the development of a legislative basis for the adoption of a scheme for the operation of random breath testing in a targeted and sustainable manner.