andMr. Begley asked the Minister for Local Government if, in view of the grave hardship involved, he will consider amending the provisions relating to disqualification from driving consequent on a conviction under Section 49 of the Road Traffic Act, 1961, so that convictions incurred in driving, otherwise than in the course of business or occupation, will not involve disqualification from driving in the course of business or occupation.
Written Answers. - Driving Offences.
146.
Section 49 of the Road Traffic Act, 1961, makes it an offence to drive or attempt to drive a motor vehicle while under the influence of drink or drugs. Section 49 of the 1961 Act was extended by Section 29 of the Road Traffic Act, 1968, to include the offence of driving or attempting to drive a motor vehicle with a blood alcohol level in excess of 125 milligrammes of alcohol per 100 millilitres of blood.
Apart from any other penalties which the court may impose on conviction for an offence under Section 49, the offence carries mandatory disqualification from driving for a minimum period of one year in the case of a first offence, and three years in a case of a second or subsequent offence.
Provision is made in the 1968 Act (section 20) whereby the operation of a disqualification order may be postponed for a period not exceeding six months, provided the court is satisfied that a special reason—which it shall specify when postponing the operation of the order—relating to the personal circumstances of the convicted person, including the nature of his employment, has been proved by him to exist in his particular case. This provision applies to all disqualification orders, mandatory or otherwise.
The ever increasing number of persons killed and injured on the roads is a matter of grave concern, not only to me as Minister for Local Government, but to the community as a whole. In June last a total of 47 people were killed, an increase of 50 per cent over the figure for June, 1970. The overwhelming conclusion of research carried out in many countries is that drunken driving is a major cause of road accidents. The law dealing with drinking and driving in this country was only recently strengthened by the introduction of the breathanalyser.
In the face of this serious evil I could not consider any relaxation of the law related to drinking and driving. Even if the amendment suggested in the question were desirable—and I think it is not—it would be virtually impossible to enforce it. The mandatory disqualification is an important deterrent which, with the full operation of the breathanalyser, has come increasingly into the fight against the rising toll of road accidents. In the words of the Report of the Commission on Driving while under the Influence of Drink or a Drug, "a disqualification order helps to protect the public by removing, at least temporarily, a possible menace from the roads". If a person whose livelihood depends on driving chooses to commit the offence of driving while under the influence of drink at any time, whether in the course of his livelihood or not, then he must be prepared to take the consequence of his irresponsible behaviour.