asked the Minister for Justice the legislative or other proposals he intends to initiate arising from the case made to him by the Mothers Against Drunk Drivers in Dublin on 1 September 1989; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Drunken Driving Legislation.
50.
I have met representatives of the organisation referred to by the Deputy and am sympathetic to their objectives of ensuring that deaths and injuries resulting from drunken driving are reduced and of aiding the victims of such driving.
As Minister for Justice, my primary concern in relation to drunken driving is with enforcement of the relevant provisions of the road traffic legislation. I am satisfied that the Garda authorities are committed to enforcing the law in this regard effectively and rigorously. The Commissioner will shortly be reminding all members of the Force, as he does each year around this time, of the importance of strict enforcement of the law in this area at all times and of the need for particular vigilance on the matter in the pre-Christmas period. I intend to maintain a strong interest in the issue of drunken driving and to keep in close contact with the Garda authorities about enforcement of the law in relation to it.
The road traffic legislation itself is, of course, a matter for the Minister for the Environment and any proposals for change in that legislation, such as have been put forward by Mothers Against Drunk Driving, would be for consideration by his Department.
Would the Minister indicate whether, since 1 September when he said that his heart went out to those who had lost loved ones through deaths resulting from drunken driving, he has taken any steps to improve the resources available to the Garda Síochána to enable them deal with this crime?
I have held a number of discussions with the Garda Síochána on this and other matters. The Deputy was present at the launch of the newsletter by Mrs. Shiels who has experienced such a tragedy, a woman I know well. I also know her family well and I share in their grief. I can assure the Deputy that the full resources of the Garda Síochána will be used in implementing this legislation. As I have indicated to him, at all times but in particular in the run up to Christmas, there is a need for particular vigilance.
The Minister will be aware that the Mothers Against Drunk Drivers place a great deal of emphasis on the role of the courts, the sentencing policy of the courts and the prosecuting policies of the Garda Síochána in presenting such cases to the courts. No doubt the Minister will agree that this is his area of responsibility and not that of any other Minister. Would the Minister give his views on the call for the predominant use of a charge of dangerous driving causing death as opposed to a charge of manslaughter in circumstances such as this and on the need for a mandatory minimum custodial sentence? In regard to——
I am sorry, Deputy, but you are raising specific matters now which are worthy of separate questions.
My question relates to the case put to the Minister by the Mothers Against Drunk Drivers——
I observe the question.
——and these were the objectives put to him on 1 September. I am not going outside the parameters of that at all.
The Deputy is injecting quite a lot of new matter into the question.
This is the case that was put to the Minister. I am asking him what does he think about those aspects of the case put to him by the Mothers Against Drunk Drivers, which relate to court practices and sentencing policy which is an integral part of the question.
In relation to the key part of that question, the prosecution of cases, the Deputy, of all people, should be aware that a decision as to what particular charges should be brought in such cases is a matter for the Director of Public Prosecutions alone and that I have no function in that matter. It is a matter for the prosecution.
Perhaps a final question, Deputy McCartan.
There are three parts to it. The Minister did not deal with the question of sentencing or of an increase in penalty. Secondly, would the Minister accept that the vast majority of road traffic offences are taken in the District Court, often by motion of the officer of the Garda Síochána? The Minister has also talked about enforcement and the issuing of a directive to the Garda Síochána. Finally, in relation to the non-justice areas of the manifesto put to him by the Mothers Against Drunk Drivers, can the Minister tell us if he has prepared a memorandum on these items for submission to the Minister for Local Government in which he conveys his views to that Department and highlights the desirability of bringing their regulations into line with his objectives in the area of enforcement, as he promised?
I specifically outlined to the Mothers Against Drunk Drivers and to my friend — I have already given her name to the House — that I would contact, and have since done so, the Minister for the Environment to get his suggestions for changes in the Road Traffic Act, many of which in my view are desirable. I would strongly favour any changes in the law which would bring about effective and proper improvements in the law on drunk driving.
Does the Minister propose making any legislation changes?
I think the Deputy will agree that I have given him lots of latitude on this question.
May I ask the Minister if in the long list of legislation he is considering there is a slot for any legislation dealing with his area of responsibility?
If improvements can be brought about in my area of responsibility to enable us to deal with this very serious matter more effectively they will be made.