Possible penalty points loophole law to be published

Amended penalty points legislation will be published Friday and rushed through the Dáil next week following the discovery of a flaw in the system and concerns about possible legal challenges.

Minister for Transport Paschal Donohoe will meet his Opposition counterparts at 9am tomorrow to brief them on the exact nature of the problem.

To date, Mr Donohoe has declined to elaborate on the issue so as not to identify what he has described as “a potential loophole which could be exploited in respect of road safety”.

However, advice from the Attorney General received last night was being considered, Mr Donohoe said today.

“A technical issue which gave rise to potential difficulty with penalty points issued for motoring offences was identified within my Department. The advice of the Attorney General’s Office was sought in respect of the need for amending legislation to deal with the issue,” he said.

“Amending legislation is being drafted to ensure that there will be no interruption to the enforcement of road traffic offences under the penalty points system.”

With the Dáil due to go into recess on Thursday, December 18th, Mr Donohoe said the amending legislation would be “progressed” through the Oireachtas next week.

“In the continued interest of road safety, I will not be making further comment until the publication of the legislation, after which point I will make a full statement,” he added.

In August, increases in the number of penalty points attaching to certain motoring offences, including an increase to three points from two for speeding, were introduced.

Fianna Fáil transport spokesman Timmy Dooley said he understood the problem dated from when those changes were introduced under the Road Traffic Act 2014. "The speculation within the legal world is that whatever mechanism was used to give effect to that doesn't appear to be legally sound and is potentially open to challenge," Mr Dooley said.

He confirmed Mr Donohoe had asked to meet him and Sinn Féin transport spokesman Dessie Ellis tomorrow morning. "All we've been told is the issue is complex and the solution isn't straightforward," Mr Dooley said.

Mr Ellis raised the issue in the Dáil earlier today during the Order of Business. “On road safety issues and the use of Go Safe vans detecting speeding offences, penalty points have been quashed by judges for technical reasons leading to very serious implications,” Mr Ellis said.

He asked if Cabinet had discussed the issue and, responding, Minister for Public Expenditure and Reform Brendan Howlin confirmed that it had been.

“I understand there was an issue in respect of a recent Bill. The Minister reported to the Cabinet this week that the matter is being given urgent consideration both within his Department and in the Office of the Attorney General,” Mr Howlin said.