Catherine Murphy (Kildare North, Social Democrats)
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104. To ask the Minister for Justice and Equality if she will provide an update on the mutual recognition of penalty points between the State and Northern Ireland; the procedures she has in place to deal with road traffic offences committed here by drivers from Northern Ireland in view of Article 50 being triggered to enable a Brexit to occur; and if she will make a statement on the matter. [6942/17]

Catherine Murphy (Kildare North, Social Democrats)
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107. To ask the Minister for Justice and Equality the date on which there will be an establishment of mutual recognition of penalty points between the Republic of Ireland and Northern Ireland; and if she will make a statement on the matter. [7083/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 104 and 107 together.

I am informed that discussions commenced in 2012 between officials North and South regarding the possible establishment of a Mutual Recognition of Penalty Points Agreement between the two jurisdictions. I understand that there is currently no agreed international or multilateral framework for such mutual recognition and no successful known precedent in place elsewhere between two or more jurisdictions.

Since late 2013, the main identified obstacle to the project is the service of summonses on individuals residing in Northern Ireland in relation to road traffic offences which occurred in this jurisdiction. Ensuring a summons can be served in another jurisdiction and accepted as properly effected when the case arrives at a court hearing is central to the success of the project.

The process for issuing summonses relating to unpaid Fixed Charge Notices (FCNs) for road traffic offences in this jurisdiction involves the Garda Síochána’s Fixed Charge Processing Office forwarding an electronic file of unpaid FCNs to the Courts Service in order that the Courts Service can generate these summonses. As such, summonses relating to road traffic offences in this jurisdiction are not issued judicially but rather are generated by the Courts Service on an administrative basis in keeping with automated nature of the Fixed Charge Processing System (FCPS).

A number of challenges have been identified, insofar as summons service for individuals residing outside this jurisdiction is concerned, with the result that such summons service is currently incompatible with the FCPS and its administrative relationship with the Courts Service. As such, An Garda Síochána is unable to serve summonses on individuals residing in Northern Ireland in relation to road traffic offences which occurred in this jurisdiction for the purpose of securing the attendance of defendants residing in Northern Ireland at court proceedings in this jurisdiction.

Officials from my Department and An Garda Síochána have met with the Office of the Attorney General on a number of occasions over the past year to discuss the difficulties encountered by the Garda Síochána concerning the service of summonses on individuals residing in Northern Ireland in relation to road traffic offences which occurred in Ireland and in relation to securing the attendance of defendants residing in Northern Ireland at court proceedings in Ireland. My Department has formally requested the Office of the Attorney General to consider the issue and challenges in question and to revert with legal advice. My officials will work closely with that Office to progress a legal solution to this important road traffic enforcement matter as quickly as possible.

It will be necessary to successfully resolve the considerable challenges in relation to summons service before other legislative changes to enable mutual recognition of penalty points can be considered further. The issue of co-operation with the UK on a range of criminal justice measures is under active consideration in my Department as part of the preparations for Brexit and this issue is one which will fall to be considered as part of that process.