Terence Flanagan (Dublin North East, Independent)
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586. To ask the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding road traffic legislation; and if he will make a statement on the matter. [48944/14]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Road Traffic (No. 2) Bill 2014 is currently before the Houses of the Oireachtas. When passed into law it will provide that all penalty points incurred following the payment of a fixed charge notice since 1 August 2014 will be endorsed on a person’s licence record.  

I am advised by the Attorney General that the proposals being put forward in this Bill are compatible with the Constitution. The Bill does not introduce any new offences or make any behaviour an offence which was not an offence at the time. Furthermore, the fine paid under the fixed charge system was and is the punishment under the law for the offence.  The endorsement of penalty points on a licence record is an administrative consequence following on commission of the offence and payment of the fixed charge penalty.  The new legislation addresses a flaw in the legislation regarding this consequence. 

The passing of this legislation will not preclude a person from taking any legal challenge regarding the endorsement of penalty points on their licence record.