Vol. 409 No. 6
23 Mr. Sherlock asked the Minister for the Environment if he has considered the recommendations made by the Supreme Court on 7 March 1991 that the Road Traffic Act, 1961, should be amended to prevent persons suspected of drunk driving escaping to their own premises to avoid arrest; if he intends to take steps to ensure that the powers of arrest available to the gardaí are adequate to deal with this situation; and if he will make a statement on the matter.
I intend to propose an amendment to the Road Traffic Acts to deal with this issue.
I thank the Minister for his very comprehensive reply. In view of the figures he gave in reply to an earlier question which suggests that between 150 and 200 people are killed every year as a result of drunk driving, could he indicate what kind of amendment he has in mind? In view of the fact that this case related to the arrest of a person in the grounds of his own dwelling, will the Minister indicate how the amendments can be reconciled with the Constitution and the right to privacy within one's own domain?
The Deputy may not refer to specific cases, nor should he refer to them in a manner which might identify them.
It is my intention to bring proposals to the House for amending legislation. It will deal with a number of issues relating to drink driving and it will deal specifically with the matter raised in the question. It would not be wise to pursue the matter further until we have sight of the legislation.
Would the Minister consider the transport element in the problems which arise between 9 p.m. and 3 a.m.? Is he aware of arrangements in other countries where an increased number of hackneys or taxis are available to take people home?
It is a point worth considering. I have appointed an interdepartmental committee on the whole question of taxis and licensed vehicles. The deadline for their report is within a few months and we will then be in a position to consider recommendations on how we might improve the position.
Since the Minister consider that this issue requires an amendment to the Road Traffic Act, does he feel that the enforcement of the drink and driving regulations and the powers available to the gardaí to arrest and so on are generally defective in view of the fact that we have had a couple of well publicised cases where——
I have already admonished the Deputy not to refer to cases.
I am not referring to any specific case but rather to a number of cases generally.
The Deputy ought not to refer to them in such a manner as to make them identifiable.
I have no intention of identifying them.
Then get off the subject.
Is the Minister concerned that the powers available to the gardaí are being diminished or circumvented in the enforcement of the Road Traffic Act?
The effect of the judgment delivered in the Supreme Court on 7 March 1991 will be dealt with in the forthcoming legislation.
