Thank you for the opportunity to raise this important matter on an appropriate day. I also congratulate the new Minister of State at the Department of the Environment, Deputy Bernard Allen, on his appointment. I am glad his hard work and ability is being so rewarded.
I am totally against drunken driving as, I am sure, are other Members of the House, including the former Minister for the Environment who introduced the legislation. In raising this issue I am not jumping on a bandwagon because 4,000 publicans have come to town. What I will say on the legislation and its effect on rural life is exactly what I said when the Bill was being considered: previously, it was by way of forecast, on this occasion it is stark reality so far as social life in rural areas is concerned.
There can be no disputing the effect fear of the new laws is having on rural public houses. Everywhere one hears the word "devastated". A 40 per cent loss of business seems to be the average. Irish pubs are unique. Pubs on the continent with which we seem to want to get in line are not pubs as we know them. Our pubs are meeting places in which to talk and argue. They are places of philosophy, craic and social intercourse, with drinking often being secondary. Irish pubs are a major tourist attraction and are sold abroad as such by Bord Fáilte. The rural pub is a nice warm meeting place where farmers come for a pint or two after a day's work. This is one of the few remaining social outlets for the rural population, all of which I regret are under threat. There is no point is saying, as many have said in the past, that car pools can be organised by the neighbours. This is not practical as the population is much too dispersed.
Thankfully, there was a substantial reduction in road accidents during the Christmas period, but I should point out, with the exception of 1993, there has been a gradual reduction each year since 1972. Who can say with any certainty that the reduction in road accidents this year was caused by the blood alcohol level being reduced from 100 milligram to 80 milligram? Who can say we would not have achieved the same or even a better result under the previous legislation had the Garda been given the necessary resources to have it vigorously enforced. So far I have not heard any convincing argument to indicate that the 100 milligram level, properly enforced with the same publicity, would not be as effective as the 80 milligram limit.
The most serious flaw in the drink driving legislation is the draconian mandatory sentence where a person who is slightly over the 80 milligram limit and not involved in an accident is criminalised, loses his or her driving licence and, perhaps as a result, his or her job. Is it any wonder the Garda representative body felt compelled to voice the objection of the Garda whose job it is to enforce the law?
Was this legislation discussed in a meaningful way by the entire Cabinet and, if so, I fear it was another day featuring those headless chickens, even with the leavening presence of our new colleagues in the Labour Party.
I call on the new Minister and new Minister of State to appraise the drink driving laws, especially the introduction of graded, graduated and discretionary penalties. At present, one can be tried and found guilty, in effect, by a garda on the side of the road and criminalised for marginal offences.
It is an outrageous and ridiculous excuse to advance as did the previous Minister, that graduated penalties would not work. Of course they would work and we must try harder in this respect. This is crude legislation. To amend it would not give the wrong message to drinkers. What we are talking about is not just a threat to the livelihood of the publicans and employment in public houses, even though that is very important; we are talking about something that has done enormous damage to the social life in rural Ireland. We need a change in the law and we need it quickly. We need above all proper enforcement of a fair law. That would bring about a much better result on the roads than an unfair law sporadically applied.
