Sir, - On RTE's Morning Ireland last Monday, I heard the head of the Insurance Association in Ireland say that it expects that another 150 people will be killed on our roads between now and the end of the year. The discussion continued with a mention of "penalty points" on driving licences held by offenders against the traffic laws.
What amazes me about all this talk about bringing in new legislation for "penalty points" is that some of us fail to realise that such a system already exists. Under Part III of the Road Traffic Act, judges are given power to impose disqualifications from holding a driving licence, and in addition have wide powers to direct that convictions should be endorsed on driving licences. If the courts were to make greater use of such power, there would be no necessity for any "penalty points".
The legislature - acting as the representatives of the people - make laws providing for penalties on those who offend, but it appears that the courts (with some very rare exceptions) are reluctant to apply the full rigour of the law. In most cases where a mandatory disqualification from holding a driving licence is imposed, it is par for the course to apply for the restoration of the driving licence before the disqualification period runs out. Endorsement of driving licences for less serious offences is almost unheard of, although provision exists for this under the Acts. No wonder ordinary people are heard to say "that there should be a law against" some conduct, not realising that there is a law, but that it is not being applied.
If judges in the District and Circuit Courts were to take the view that all driving offences were to be endorsed on the offender's driving licence, and if offenders were required under penalty to produce their driving licences to the court immediately they were convicted, there would be no need for any legislation to introduce "penalty points".
While some of our district judges (mainly female) take a more serious view of road traffic offences, their efforts go to naught when they are reversed on appeal to the Circuit Court.
It may not be too irreverent to ask ourselves whether our judges are living in the real world or not. - Yours, etc.,
Frank Murphy, Old Quarry, Dalkey, Co Dublin.