Paul McGrath (Westmeath, Fine Gael)
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Question 61: To ask the Minister for Transport the reason a ban on using a mobile phone when driving, as recommended in the national road safety strategy, has not been implemented; and if he will make a statement on the matter. [9095/06]

Willie Penrose (Westmeath, Labour)
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Question 144: To ask the Minister for Transport the time-line he envisages for the extension of penalty points to the practice of hand-held mobile phone use while driving. [9182/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 61 and 144 together.

The Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No.2) Regulations 2002 prohibit the use of a hand-held mobile phone while driving a motor vehicle. The Attorney General has advised that these regulations, in so far as they deal with the mobile phone issue, are open to challenge in the courts on the grounds that they may be ultra vires. As a consequence, my Department has been considering a legislative framework to address the overall regulatory questions arising from the development of in-car technologies, which would include mobile phone use. Developing such a framework is a complex task and also has to take account of EU law to avoid excluding beneficial developments that can enhance vehicle safety.

I intend to publish a road safety Bill before the summer dealing with such issues as roadside breath testing, speed cameras and other safety matters. If the question of how to legislate effectively and appropriately for mobile phones has been finalised within that timeframe, I will include a provision to that effect in the forthcoming Bill.

I should add that, as things stand, drivers who use mobile phones in a way that constitutes careless driving leave themselves open to prosecution, with the possibility of penalty points being awarded.