Trevor Sargent (Dublin North, Green Party)
Link to this: Individually | In context

Question 127: To ask the Minister for Transport the measures he has taken to institute the recognition of penalty points with the Northern Ireland authorities; and when the system will come into operation. [16285/06]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

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.

It was agreed at the British-Irish Council meeting on the 9 February last that officials should examine the prospects for greater co-operation in the treatment of road traffic infringements where the penalty falls short of disqualification. At that meeting I also formally agreed with the UK Minister of State for Transport to enter into bilateral arrangements on the mutual recognition of driving disqualifications as envisaged in the EU Convention on Driving Disqualifications.

The development of a system of mutual recognition of lesser offences 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. It is recognised that as there are three separate systems for penalty points in operation, straightforward mutual recognition of points is not practical. Nevertheless, an agreement to recognise lesser offences not covered in the Convention might be feasible whereby the offences could be notified and the penalties appropriate to such offences in each jurisdiction applied.

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. It was agreed that officials examine the issues further and report back by the end of May. Given the complexities I expect further work will be necessary at that stage.