Fine Gael's transport spokeswoman Olivia Mitchell has accused Minister for Transport Martin Cullen of "running around with a repair kit" after a second "glitch" was identified in the penalty points system.
Mr Cullen yesterday acknowledged that since the penalty points were introduced their dramatic impact waned due to a "primary glitch in the system, an administrative one". He insisted this had now been remedied.
Mr Cullen did not specify what the glitch was, but Ms Mitchell told The Irish Times it was well known the problem was that gardaí had no way of knowing at the roadside how many penalty points a driver had collected, until the various computer systems were eventually linked up.
Ms Mitchell said the Minister, speaking in the Dáil on Tuesday, identified yet another glitch in the system. In a written Dáil reply Mr Cullen said the Attorney General had advised the Government to put in place a system where a person awarded penalty points in error could have them lifted.
This would apply where speed limits were not properly made by local authorities and where drivers had accepted the penalty at the side of the road. The Courts Service said it would have no involvement in the matter because the cases would never have come before a court.
In his Dáil reply, Mr Cullen admitted the penalty points system had initially only allowed for the removal of points following a successful appeal to overturn a court conviction. This would not cover cases which did not go to court. Because of the dilemma, the Attorney General's advice was sought and it was decided that, in cases of administrative error, "the State should take pro-active steps to deal with any error that has occurred, including the repayment of fines and the expunging of penalty points".
"A protocol for amending penalty point records has been put in place with the agreement of the Attorney General's office. This stipulates that any request for amendment must be certified by a Garda chief superintendent or the director of the District and Circuit Courts and be countersigned by an official of my department of at least assistant principal rank," Mr Cullen said.
Ms Mitchell said last night the two glitches showed the system was ineptly put together.
