Deferral of proposals for harmonisation of penalty points

EU COMMISSION proposals to allow for the prosecution of out-of-state motorists for offences such as speeding and drink driving - a key move on the route to European-wide recognition of individual states' penalty points systems - were deferred by a number of member states, including Ireland, at a recent meeting of European transport ministers in Luxembourg.

Although the Government is in favour of procedures where a non-Irish national driver could be pursued for a motoring offence, Mr Noel Ahern, Minister of State at the Department, was among about four ministers who rejected a proposed EU directive, which was drafted by the Commission and was being strongly endorsed by the French government.

The move has brought swift condemnation from Dublin Labour MEP Proinsias de Rossa, who said that a binding EU directive was clearly needed to tackle the problem of non-recognition of road traffic offences by non-Irish national drivers.

"Official statistics indicate that one in four drivers issued with penalty point notices in Ireland since 2002 has escaped having the points imposed because they hold licences from other member states," he said.

"Over two-thirds of these are from Northern Ireland and the UK and the rest are either non-nationals who are working here or tourists in rented cars.

"EU studies show that drivers licensed in other member states account for a disproportionately high number of accidents, up to one-quarter in border areas, according to some studies.

"This directive is essentially an extension of the proposal for the mutual recognition of penalty points between the Republic and Northern Ireland under discussion in the British-Irish Council to the entire EU.

"If it makes sense on the island of Ireland, why not across Europe?" he asked.

But the Department of Transport has, in turn, accused Mr de Rossa of misunderstanding what really happened at the meeting of ministers in Luxembourg.

A spokeswoman for the Department said the draft directive from the Commission had contained a number of legal difficulties and had been sent back to legal counsel for redrafting.

She said that the Government's position had not changed and that there was no attempt to "block" the directive.

The spokeswoman also said that there were "a significant number of inaccuracies" in a statement issued by Mr de Rossa on the topic.

"For example, the proposed directive does not relate to the recognition of penalty points - it instead provides for follow-up procedures where a non-national driver could be pursued for a motoring offence.

"Ireland supports the directive but, in agreement with a number of other EU states, felt that the proposed directive did not have a sound legal basis and for this reason, should be referred back to a legal counsel," she added.

The proposed directive is scheduled for the next EU Transport Council, which will take place in December.