The Minister for Transport, Mr Brennan, cannot force drivers from outside the jurisdiction to pay "on-the-spot" fines for traffic offences, because it would violate the constitutional right to a court hearing, his Department said.
A spokeswoman for Mr Brennan was responding to reports that the British Department of Transport is to introduce legislation to compel motorists stopped for traffic violations to pay on-the-spot fines, instead of receiving tickets, if they do not hold a British driving licence.
The new rule, which will come into force next year, is aimed at reducing the large number of non-national drivers evading fines because they do not remain in the jurisdiction.
A Garda source said a similar problem existed in the Republic. Foreign motorists and Northern Ireland licence-holders were involved in driving offences, but were ignoring fines and summonses. Statistics on the number of people without Irish licences incurring penalty points showed there was a significant problem.
The latest figures from the Department of Transport found that points were allotted to more than 22,000 motorists in the "no- driver number" category. Almost all of this category is made up of motorists from outside the jurisdiction to whom penalty points do not apply.
This category accounts for the second largest amount of penalty points issued, after Dublin drivers. A spokeswoman for the Department of Transport said the Minister was aware of the problem, but was not in a position to follow Britain's lead.
"Once an allegation of an offence is made against a person, and traffic violations are criminal offences, that person is entitled to have it heard in court, under the Constitution, and cannot be compelled to avail of an out of court procedure. The Minister for Transport cannot change that, a constitutional change would be required." Agreement had been reached at EU level on "mutual recognition of financial penalties" but there is no date yet for its adoption into law.
