Road Traffic Bill 2003: Second Stage.

Minister for Transport (Mr. Brennan)

I move: "That the Bill be now read a Second Time."

I start by expressing my appreciation to the House for facilitating the introduction of this Bill and the debate today at such short notice. I greatly appreciate the Opposition spokespersons agreeing to take the Bill. The Bill itself is short, as it comprises only five sections. It is in essence a technical instrument needed to provide legal clarity regarding an important element of the code of legislation applying to drink driving. That will facilitate effective enforcement by the Garda Síochána. It will also remove a possible basis for challenge to future prosecutions regarding certain drink driving offences.

The House will recall that last year the Road Traffic Act 2002 was passed. While the headline provision in that Act was the introduction of a legislative basis for the penalty points system, the Act introduced a range of other initiatives aimed at improving road safety and maximising the deterrent effects of road traffic legislation generally. One of those provisions was aimed at extending the legal basis for the taking of preliminary breath tests from drivers. That was set out in section 10 of the Act, which provided for the substitution of section 12 of the Road Traffic Act 1994.

Section 10 of the 2002 Act provided for the introduction of an extension to the grounds on which a member of the Garda may require a driver to submit to a preliminary breath test. The original grounds for requiring that such a test be taken related only to circumstances where the member of the Garda was of the opinion that the driver had consumed alcohol. The new section provided that, where a driver was either involved in an accident or in the opinion of a member of the Garda Síochána had committed a traffic offence, he or she could be required to submit to a breath test. In the course of preparing to bring those new provisions into effect, my Department received legal advice that suggested that the wording regarding the taking of samples from drivers involved in accidents could be open to a very narrow interpretation which would compromise the central aim of the provision.

Following consideration of the legal advice, I concluded that I should not postpone the introduction of additional powers to combat drink driving pending amendment of the Road Traffic Act. Therefore, I decided to introduce the remaining elements of the new section with effect from 1 December next to coincide with the pre-Christmas anti-drink driving campaign mounted by the National Safety Council and the Garda Síochána.

In preparing for the commencement of that provision, a separate and unforeseen legal difficulty was identified. I received legal advice which suggested that a sequencing change in the new section could cast doubt on the power of the Garda to arrest a person who had refused to submit to a preliminary breath test for the purpose of demanding that the person submit to a blood, urine or evidential breath test.

I was presented with a dilemma. Should I abandon my stated intention to extend the scope for operation of the preliminary breath testing from 1 December next or should I request the Government to seek the agreement of the Oireachtas to address the technical difficulties that had come to notice so that we can give practical effect to the measures the Oireachtas has already approved? The Government endorsed my view that we should remedy such technical flaws at the earliest opportunity in the interests of promoting measures to combat drink driving at a time when they are likely to make the most significant impact. The Bill which I am promoting today will ensure that the Garda Síochána have the powers which the Oireachtas intended they should have to address the issue of drink driving.

The passing by the Oireachtas of the Road Traffic Bill 2002 and the subsequent launch of the penalty points system, initially in respect of speeding offences, has provided the catalyst for a significant reduction in road deaths over the past 12 months. While overall trends in road safety have been positive for the past number of years, primarily as a result of the pursuit of an integrated approach promoted by the Government's road safety strategy, the scale of the recent improvements has been very significant. It is probably true to suggest that in the 12 months since penalty points were introduced, some 76 fewer people have died on our roads than would otherwise have been expected.

However, while the overall position in relation to road safety has improved, the position in relation to drink driving remains worryingly unacceptable. The number of detections of drink driving remains consistently high and the results of the testing systems reveal that the depth of the problem is not diminishing. The Garda made some 11,200 detections of drink driving offences in 2002. Approximately 90% of blood and urine specimens and 81% of breath specimens analysed in 2002 by the Medical Bureau of Road Safety were above the legal limit. However, what is even more worrying is that over half of those who failed blood or urine tests and almost one third of those who failed evidential breath tests had alcohol contents that were twice as high as the legal limit.

The number of road accidents occurring between the hours of 9 p.m. and 3 a.m., the hours most commonly associated with drink driving, has been reducing in recent years, with 10.4% fewer fatal accidents occurring during these hours in 2001 than in 1997. While these reductions are welcome, we cannot definitively say that a reduction in accidents caused by drink driving has taken place. International research indicates that alcohol is a factor in up to 40% of road accidents. Estimates in Ireland suggest that alcohol is a factor in 33% of fatal accidents. There is therefore a clear case for directing this proposed enhancement of the enforcement of drink driving legislation at drivers involved in accidents. A similar argument can be made in relation to incidents where motorists breach traffic laws.

My intention in announcing the introduction of the extended basis for the taking of preliminary roadside breath tests was to enhance and maximise the impact of the anti-drink driving campaign I launched last week on behalf of the National Safety Council and the Garda. The focus of the initiative was to heighten the level of the deterrent by broadening the scope for preliminary testing at least to include the circumstances where a driver had committed a traffic offence. I emphasise that my objective is to change driver behaviour by bringing home to drivers their responsibilities to themselves, their families and other road users.

However, having realised the difficulties that could have arisen had I proceeded as planned, I determined that the best approach would be to address those difficulties but to also amend the original wording presented for the extension of preliminary testing in the 2002 Act so that I would be in a position to bring into effect a scheme which would more accurately reflect the will of the Oireachtas in passing that Act in the first instance. The immediate purpose of this Bill is to address those two key issues.

The key provisions can be found in sections 2 and 3 of the Bill. Section 2 provides for the substitution of section 12 of the Road Traffic Act 1994. The section will replace section 10 of the Road Traffic Act 2002, which sought to achieve the same objective. However, as I have already mentioned, I received advice that suggested there might be difficulties implementing this section in full. The new section presented in this Bill addresses those issues while retaining the overall focus of the provision in the 2002 Act.

The particular difficulty with the original wording was that it was open to a view that in order for a member of the Garda to require that a driver undergo a preliminary breath test after his or her involvement in an accident, the member of the Garda would have had to witness the accident. This new section addresses that and introduces some relatively minor additional text changes from the original. The overall purpose of this section and the section it replaces, section 12 of the Road Traffic Act 1994, provides the legislative basis for the operation of roadside preliminary breath testing of drivers by the Garda for the purpose of establishing whether or not the driver has consumed alcohol. However, as a direct result of the introduction this new section, the basis for the operation of that system will be extended.

Under the terms of the new section, where a member of the Garda is of the opinion that the driver of a mechanically-propelled vehicle has been involved in a collision, has committed any offence under the Road Traffic Acts or has consumed alcohol, the member may demand that the driver submit to a preliminary breath test. The original powers available to the Garda only related to the position where the member was of the opinion that a driver had consumed alcohol.

Section 3 of the Bill provides for a technical amendment to section 13 of the Road Traffic Act 1994 so that the current reference in that section to section 12(3) will be changed to refer to section 12(4). The reason for this change is that the current section 12(3) provides the Garda with the power to arrest any driver who refuses to comply with any requirement under that section. Those requirements relate to submitting to the preliminary breath test, accompanying a garda to a place to facilitate the taking of the sample or to remaining for up to one hour with the garda so that an apparatus for the taking of the preliminary test can be provided. Where a person refuses to comply with any of those requirements, he or she is committing an offence and may be arrested and required to go to a Garda station where they will be required under section 13 of the Road Traffic Act 1994 to submit to a blood, urine or evidential breath test.

The difficulty which has been noted in regard to the existing text of that latter section refers to the power of arrest in section 12 as being created through subsection (3). While that is the position at present, with the commencement of the new section 12, which will be facilitated by the commencement of section 2 of this Bill, the power of arrest will be provided for in subsection (4). In order to ensure that there can be no question relating to the powers of arrest and the powers to demand that a driver submits to a test under section 13, I consider that it would be appropriate to make the amendment proposed in section 3 of this Bill.

Section 4 of the Bill provides for the repeal of section 10 of the Road Traffic Act 2002, given that it is being replaced by section 2 of this Bill.

I repeat that while these amendments are of a technical nature, they are important in that they will allow me to proceed immediately to provide the Garda with the powers to operate the more broadly based scheme of roadside breath testing envisaged in the 2002 Act. However, as I have indicated recently, it is my intention to move quickly to legislate for what is normally termed as full random breath testing and I hope to bring forward proposals to provide for such a scheme for the approval of the House in the new year.

I express my gratitude to Opposition spokespersons, particularly Deputies Naughten and Shortall, for agreeing at short notice to take this Bill, which is substantially of a technical nature and required for the start of the process of random testing on 1 December.

Mr. Naughten

I welcome the opportunity to speak on this Bill, with the purpose of which everyone in the House agrees. It is of a technical nature and will give practical effect to measures which have already been passed by the Oireachtas. The Minister refers to random breath testing but it is imperative to ensure there are protections in the Bill for members of the public. By that stage I hope we will have seen the workings of this section of the Road Traffic Act 2002.

The reason we accepted the Minister's proposals and have facilitated him in bring them before the House is that in the past ten years, 5,000 people have been killed on Irish roads, which has cost the community more than €5 billion, not to mention the personal grief and suffering of families involved in such tragic circumstances.

The National Roads Authority estimates that the purely financial cost of road accidents is €754 million per annum, or €200 for every man, woman and child. That money could be better spent on educating children, providing health care for the sick and protecting the vulnerable in society. While I am aware that this is a priority for many Members on this side of the House, it may not be as high on the list among those opposite. It is important that investment be made in this area.

According to the 2001 figures, a road accident occurs every 19 minutes, one person is killed on Irish roads every 21 hours and one person in a critical condition is rushed to hospital every five hours. This places major demands on the health and emergency services.

There are a number of fundamental principles and values which guide Fine Gael's approach to this issue and that of road safety. That approach is consistent with building a safe society where the law is enforced and it aims to support families and communities and shield them from the grief and worry of road death or injury. It also focuses on the responsibility of all drivers who use our roads. Action is needed to ensure that drivers receive proper driving education, both before they take the test and throughout their lives. Safe driving must be rewarded and dangerous driving punished. It is vital that those who are responsible, drive sensibly and respect the rules of the road receive the recognition they deserve. We must ensure, however, that those who break the rules are aware they will be caught and will pay for putting others in danger.

The Minister brought a memorandum to Cabinet on 18 November in respect of his proposals. His public announcement the following day regarding those proposals was made with the usual fanfare. When it came to drafting the commencement order, however, problems were discovered. The Minister excels among his Cabinet colleagues at making announcements. However, he tends to talk before considering how he plans to implement a proposal. He has failed to outline the details of many of the measures he has announced and how they will be implemented. In many instances, if one contacts the Department following his announcements the officials do not have a clue as to what is going on. The Minister rarely provides a timetable in respect of proposals he makes. We could compile a large document containing the various announcements he has made in recent years, but we could list on a slip of paper those that have been implemented.

On 19 November, the Minister stated that there is a determined effort to combat drink driving and that he would be introducing measures that would have a significant impact in terms of extending the powers available to the Garda. Before he made that announcement, did the Minister not think it might be worthwhile to draft the commencement order to ensure everything was correct? Did it not occur to him to do so? When he made his announcement on 19 November he stated that he proposes to bring forward legislation, early in 2004, to allow for the introduction of full random breath testing during next year. Will that matter be dealt with as expeditiously as the airports Bill which was supposed to be published prior to Christmas but which will not now appear until sometime next year?

Is it possible to believe what the Minister says? I was informed last October that the road safety strategy was then being finalised. I was further informed in May that the strategy was under review and being finalised. It is over 12 months later and we still do not have a road safety strategy. We are informed, in respect of the Department's implementation of the MIAB's recommendations, that the road safety strategy has already been published and is being implemented. However, that is not the case. Road safety is a seasonal measure. Road safety, breath tests and drink driving advertisements are as much a part of the Christmas season as Santa Claus. Like Santa, they disappear when Christmas is over.

The Minister stated there is international research available which indicates that alcohol is a factor in up to 40% of road accidents and that estimates in Ireland suggest alcohol is a factor in 33% of all fatal accidents. Last week he stated that internationally it is estimated that 30% of accidents are drink-related and that this level could be as high as 40% in Ireland. Those figures do not seem to add up. Last week the level was 40%, whereas the Minister indicated earlier that it is 33%. No one can supply an accurate figure in respect of drink driving and the number of fatalities involved because the only way to do so is to have the coroner test the blood alcohol level of someone who has been involved in a fatal road traffic accident. That is at the discretion of the coroner. Figures relating to the involvement of drink driving in fatal accidents are not compiled. No one can, therefore, provide definitive figures in respect of this matter. The Minister highlighted this by referring to one figure last week and a different figure today.

The number of detections has been at a steady high. In 2002 there were 11,200 detections in respect of people driving over the limit. Some 90% of blood and urine specimens and 81% of breath specimens analysed last year showed that those who supplied them were over the blood alcohol limit. There is no doubt that a significant problem exists. However, we do not know whether the overall position is improving or disimproving. We also do not know whether the Garda enforcement campaign, the Minister's pronouncements and the National Safety Council's advertising campaigns are having any impact. If the Minister's figures are correct, money has been wasted because those campaigns have failed dismally.

The fact that a road traffic accident may have happened between 9 p.m. and 3 a.m. does not necessarily mean that alcohol was involved. That is the only consolation one can draw from the statistics relating to this area. What we need is a system under which investigations into the causes of accidents will be automatically carried out. At present, the National Roads Authority has responsibility in this regard. The NRA is the agency responsible for maintaining a high standard and quality of roads and claims in its figures for 2002 that road conditions account for 2.5% of all road traffic accidents. What else would it say? It is not about to place the blame on itself or the Department of Transport for the lack of resources provided. Whoever pays the piper calls the tune.

We do not have accurate figures in respect of road traffic accidents. If one visits any community situated on a national primary route, its members will indicate the official and unofficial black spots. The frequency of accidents at the latter locations is dramatically high and does not bear out the statistic that road conditions are responsible for only 2.5% of all accidents. We must ask from where the National Roads Authority came up with that figure. The only way to ensure proper statistics are compiled is through the establishment of an independent road accident investigation unit.

I wish to refer to an Australian newspaper article which appeared 24 hours after a road traffic accident in which witnesses said that the car involved in the accident blew a rear tyre before going out of control and veering across the highway and that the driver made a desperate attempt to avoid the oncoming 50-metre vehicle. Police investigating the accident said the car's wheels appeared to lock as it lurched under the wheels of the lorry. Police do not think speed was a factor in this crash. The article quoted a report from the Australian road accident investigation unit. The UK also has a similar unit and the causes of accidents are investigated. Similar reports are not produced in Ireland because there is no such unit. If one was established, the Minister could return to the House in 12 months or two years and quote accurate figures for the causes of accidents and contributing factors such as alcohol.

The Minister should review this issue and ensure a road accident investigation unit is established. The mechanism to establish such a unit is in place through the use of PSV licence inspectors. Given that the NCT company has taken on many of their duties, skilled gardaí are available for such a unit, thereby ensuring an accurate measure of alcohol as a contributing factor in road accidents and other contributory factors. Even though statistics are compiled by many insurance companies, they are never published and the full background to the causes of accidents is not revealed.

The issue of prescription and non-prescription drugs cannot be ignored. Drug driving is a growing phenomenon and the medical bureau has highlighted that it is causing difficulties. Testing mechanisms for drug driving must be examined and legislation must be strengthened in this area. The UK is bringing in a "drugalyser" test next year. According to its figures, 15% of fatal car crashes are alcohol related while 25% are drug related, both legal and illegal. Information must be provided to the public, which highlights that prescription drugs reduce a person's ability to drive, and the issue of illegal drugs must be examined. Drug driving is becoming an issue in both urban and rural Ireland. It should be examined now rather than waiting for it to become a significant problem.

Will the Minister outline his proposals to reform the driving test system? When will he ban drivers who are on their second provisional licence from driving without an accompanied licence holder? He said that measure would be in place before the end of the year but I wonder which year at this stage, although that is not unusual. Perhaps he will shed light on this issue.

It is imperative that bad driver behaviour should be tackled on every front with dangerous drivers punished and careful motorists rewarded. Instruction and research must be improved. Our communities and families must feel safe so that everyone who travels on our roads can return to their homes in one piece. The legislation is a positive development and I look forward to its swift enactment. That is why Fine Gael has facilitated the passage of the legislation.

Ms Shortall

The Labour Party is happy to facilitate the speedy passage of this short, technical Bill because we support the Christmas anti-drink driving campaign, which is due to begin on Monday. It is a little surprising and disappointing that two technical errors in the original legislation made it through the drafting office, although I commend those who spotted them. That presumably happened within the Department. It is worrying that errors slipped through the net in regard to a Bill that was debated in detail last year.

There is no doubt the culture of drink driving continues to be a problem. However, the message has got through to the majority of young drivers and they often put the rest of us to shame in terms of their responsible attitude to driving. Increasingly, young drivers do not even contemplate having a drink and they are to be commended for that attitude. Unfortunately, however, the message has not got though to many mature drivers. If one passes the car park of a large pub anywhere in Ireland on a weekend night, it will be packed with cars. The patrons leave at closing time and one can be sure not all of the drivers have been drinking mineral water for the evening. Substantial numbers of people still go out for a night drinking and think they can sit into a car afterwards and drive home, sometimes with devastating consequences.

There is a need for a cultural shift and the only way to ensure this happens, other than through regular awareness campaigns, is through regular enforcement of the law. While I welcome the Christmas anti-drink driving campaign, the announcement of such a campaign by the Minister and the Garda is ironic. They are telling people the law will be enforced even though it should be enforced 365 days a year, particularly in the areas of drink driving and speeding. Throughout the year in the run-up to bank holiday weekends and Christmas, announcements are made and we are told we better watch out because the law will be enforced. It is ridiculous that such announcements must be made, but it indicates the extent to which the law is not enforced outside these periods.

I live in Dublin and it is several years since I came across a Garda checkpoint late at night. This highlights the issue of resources. One wonders whether this legislation has more to do with hype and awareness campaigns, which would be consistent with the Minister's style, than enforcement, which requires additional resources. The experience of the early days of the penalty points system demonstrates that, unless people realise there is a substantial chance they will be caught, they will not change their habits. I hope the Minister will give an undertaking that the necessary resources will be made available in terms of Garda numbers.

I am concerned about the Minister's regular announcements of additional measures, which he expects to be implemented by the Garda, given that Garda resources are a problem. I represent a constituency in which seven murders have been committed in the past seven months. Only two murders have been solved. There are significant public order problems in many parts of Ireland and there are significant demands on Garda resources. While those demands are increasing and less money is available for overtime, the Minister continues to announce additional initiatives that will involve the use of Garda resources. That does not add up and the Garda does not have the capacity to enforce every law, which is what we expect.

I refer to the Government's promise to recruit an additional 2,000 gardaí, which has fallen by the wayside. Only a handful have materialised since the Government took office. I cannot over emphasise the necessity to tackle that problem and ensure that resources are made available to the Garda to enhance its numbers and capacity. The current situation is very close to breaking point.

On the wider issues of traffic and law enforcement, another promise has also fallen by the wayside, namely the establishment of a dedicated traffic corps. Although the Minister has been in office for 20 months, there appears to be no progress on that promise. Those of us who are interested in this area are only too well aware of the urgent need for an additional policing corps to enforce traffic law, including keeping bus lanes and clearways unobstructed and dealing with many other traffic offences which are being committed on an increasingly regular basis throughout the country. That is an absolutely urgent requirement. Success will not be achieved in that area unless the Government can deliver on those two key promises which are long overdue – an additional 2,000 gardaí and the establishment of a Garda traffic corps.

The Labour Party would like to see the Minister going much further in dealing with drink driving, including his promise to introduce legislation to provide for random breath testing, which we will support. I urge him to ensure that this legislation is available early in the New Year, rather than being delayed as so many other of his promised Bills have been delayed.

With reference to the road safety strategy, the Minister has been dining out for quite some time on the success of the penalty points system. Undoubtedly, it has been successful in changing behaviour and lives have been saved as a result. However, he should not seek too much glory in this regard. This initiative was promised under the 1998 road safety strategy and finally came into operation at the end of last year – five years late. Very few of the relevant offences have been added to the system, there are approximately 60 other offences waiting to be added and there appears to be very slow progress.

The Minister is very much behind time, in terms of the 1998-2002 road safety strategy, many aspects of which are long overdue for implementation. As has been stated already, the current road strategy is now almost 12 months late. What is the reason for that? While there is some credit to be taken, there is also a great deal of slippage. The Minister should give that area his urgent attention. Apart from those comments, the Labour Party is happy to support the speedy passage of this Bill.

Mr. Eamon Ryan

I wish to share my time with Deputies Connolly and Ó Caoláin.

Acting Chairman (Mr. McGinley)

Is that agreed? Agreed.

Mr. Eamon Ryan

The Green Party supports this Bill and will assist its swift enactment. Unlike other parties, we do not wish to score political points about difficulties which the Minister has had in the drafting process. However, I take the opportunity to make some broader points about the lack of planning in terms of road safety. The Minister sometimes seems to respond to an expectation of immediate responses on traffic matters, rather than in the context of an overall plan.

Despite our anxiety to have action taken and our welcome for road safety campaigns over the Christmas period – although there is a valid question as to why that is not in operation throughout the year – what we really need is comprehensive, joined-up thinking with regard to road design, law enforcement and traffic management in general. Apart from immediate responses such as Operation Freeflow or other traffic management operations, we need to start tackling the nuts and bolts of everyday planning and design of our roads and urban environment. It is only when we begin to get that aspect in order that we will begin to see improvements in safety.

The reduction in road deaths in recent years is, of course, welcome. However, the reality is that the ongoing slaughter of approximately 350 people on our roads each year, as well as serious injuries to thousands of people, is totally unacceptable. We should start from the premise that not a single life should be lost and work from there to achieve that ambition.

That is how other countries are tackling this issue. Instead of approaching the situation in terms of minor adjustments, they are starting from first principles as to how road safety can be brought to a level at which accidents can be eliminated. That has to be the starting point for road design and driving habits. First, the most vulnerable must be protected, including the young, the old, pedestrians and cyclists, none of whom enjoy the protection of a half tonne metal shell around them. The Minister's first task is to start protecting those categories of road users, following which he should act to protect motorists and other vehicle users. How does one do that? One takes the situation junction by junction and road by road. Junctions are particularly important as that is where many accidents occur.

In the context of Garda checks on driving behaviour, it is often difficult to identify improper or incorrect driving on the part of individuals due to the chaotic behaviour of road users in general. That is not necessarily because people are bad drivers, but because we have created a system without proper investment in road safety and design. Although that should be the first aim and objective in transport policy, it is my experience that the priority for road engineers is to get the maximum volume of traffic through the system as quickly as possible. Capacity is their principal criterion, rather than safety. It is time the Minister started to change that situation, so that safety issues take precedence.

The traffic at the T-junction just outside the Kildare Street gates of Leinster House provides a clear example of the problem to which I am referring. It is most unclear who has priority at that junction and there is constant confusion. On many roads in this city, there is no proper delineation of traffic flows. In such a situation, with all traffic weaving, it is quite difficult to distinguish an individual who is driving under the influence of drink. There is widespread failure to obey traffic signals. A foreigner observing our traffic behaviour would get the impression that every driver is drunk.

Our traffic management is based on getting maximum capacity through the system. Drivers habitually take chances at traffic lights, rather than wait 90 seconds for their next opportunity on green. Until we begin to change that mentality and focus on safety as our first priority, we will still have an annual death toll of 350 people on our roads. While the recent reduction is welcome, it is still totally unacceptable.

There is a culture of drink driving in this country. How many of us can honestly say we have never driven a car after taking a glass of wine or whatever? No individual or section of society can take a holier-than-thou attitude in that regard. That approach will have to change, but it is difficult to see how it will be achieved. It will not be achieved through a series of advertisements on television. Unless we can change the system and our behaviour, the exercise will not succeed.

I welcome the provisions of this Bill, but it is only one element of the long-term planning we need. The type of planning to which I refer is not such that the Minister will get any reward for it. He may not see the results within his term of office or, possibly, that of his successor. However, if we begin to invest properly in our road system on the basis of safety first, particularly for vulnerable users, there will be a long-term reward in terms of lives saved. That should be the Minister's first responsibility, but that is not the impression I get from his reactive decisions to everyday events.

Caoimhghín Ó Caoláin

Sinn Féin Deputies will support this Bill. We recognise it as a measure to rectify what could be described as a serious anomaly which has arisen in the Road Traffic Act 2002. We will facilitate the passage of this legislation as we also recognise it as being a necessary measure to ensure the effective implementation of laws that seek to combat drink driving in Irish society. It gives me no pleasure to say that if we are honest with ourselves there was a time when drink driving was almost a socially acceptable behavioural pattern among a significant body of Irish opinion. We saw the harrowing and tragic loss of life as a result, the carnage visited on our roadways and roadsides but, thankfully, that attitude has been rooted out through good education and good presentation of the total unacceptability of driving under the influence of drink.

The number of road deaths and injuries has decreased as a result of a concerted effort on several levels over many years, but the fatality and injury rates still remain unacceptably high. That is exemplified by the many crosses and small memorials erected along the roadsides throughout the length and breadth of this jurisdiction as permanent reminders of those who lost their lives, the victims of road traffic accidents, many of them as a result of drink-related accidents over the years. They evoke memories of loss for the families and friends and communities on an ongoing basis. No effort should be spared in addressing such terrible and unnecessary loss of life on our roads.

We believe a multifaceted approach is needed to address this problem. It must start in the education system. The responsibility attached to the opportunity of driving needs to be instilled in young people at an early age. They are all anxious and eager to get behind the wheel of a car and when they turn 18 the first thing they want is a driving licence. It is important that the responsibility attached to the appeal of a motor vehicle is fully understood before they take those important steps in their lives which may also end up being important steps in the lives of others, if they do not approach the issue responsibly. Addressing this problem also demands effective enforcement of road traffic laws, which is the primary focus of this Bill.

It is appropriate to acknowledge that the penalty points system has had an impact in reducing road traffic accidents and fatalities and must therefore be welcomed as a result. It is an example of using a preventive measure to try to address this issue rather than merely reacting to the tragic consequences of a road traffic accident. Lessons can be learned from crime prevention on a list of layers, not only with regard to this issue.

The enforcement of this legislation is critically important, but along with enforcement there must be accountability. In our recent submission on Garda reform, we outlined the importance of introducing a number of elements, including policing boards and community policing partnerships at Garda district level. That would introduce an important balance where citizens could have confidence in gardaí exercising the powers vested in them.

Mr. Connolly

I also support this Bill. It is meant to tighten and consolidate the Road Traffic Bill 2002 by the correction of a technicality which would affect a driver involved in a road accident being breath tested. The correction refers to a subsection of section 12 of the original 1994 Act in which the power of arrest is set out. The amendment of the reference in section 13 referring to the arrest procedures in section 12 is also necessary. The Minister's introduction of additional measures on 1 December to combat drink driving is also timely in that it is a prelude to the pre-Christmas anti-drink driving campaign.

On the broader aspect of that campaign, several elements could be introduced in that regard. The bar trade, hotels and other premises that serve alcohol should include reminders on till receipts and display discreet signage that random breath testing can occur. Such reminders could contribute quite handsomely to a reduction in drink driving. The best results can be achieved when information programmes and enforcements are closely linked. That is also necessary. Random breath testing with severe penalties for offenders are warranted since drink driving has long been recognised as a major contributor to the road death toll. There is a link between the two which has been proven.

Other campaigns using a similar approach have been successful in reducing the road death toll, including the campaigns to wear a seatbelt, to reduce speed and for cyclists to wear a helmet. This short Bill will have the effect of making a major contribution to the minimisation of road deaths during the Christmas season, and we certainly hope it will.

The dramatic reduction in the number of road deaths after a year's experience of the penalty points system gives a small glimpse of what is possible with rigid self-discipline on the part of motorists, with 76 lives having been saved and more than 340 injuries avoided. This represents a major saving to the State. Recent costings showed that each road death has cost in excess of €1 million, which is a major cost to the State. However, the lion's share of the reduction in road deaths, close to 60, took place in the first six months after the penalty points system was introduced. It is patently clear that many drivers reverted to their old habits of driving faster, and this is borne out by the figures. The introduction of that system was associated with a high profile advertising campaign, which was effective, but the impact of it became blurred in people's memories after a short while.

Ireland is one of the few EU countries that does not have full random breath testing in place. Only 2% of drivers here are breath tested annually compared to 22% in Sweden. Further sustained changes in regard to drink driving behaviour will be essential if the number of road deaths is to be further reduced.

The measures in the Bill will provide gardaí with the necessary powers designed to achieve this end. The reversion of drivers to their previous careless driving habits is largely due to the level of Ireland's drink driving enforcement, which has been shown to be the poorest in Europe. It is simply not good enough to mount a vigorous pre-Christmas anti-drink driving campaign and yet not sustain its enforcement on a year round basis. There must be more consistency in that regard. People have got the message that when socialising around Christmas they should be a little more careful and take a taxi home, but that culture does not extend across the year, which it should. More consistency is required in that regard.

Rigid, year round enforcement of the law in this area is essential if there is to be a marked improvement in the behaviour of some motorists. We should not be shy in aiming in our national road strategy for up to a 40% reduction in the road fatality rate within the next three years. This is a challenging target, but it is capable of being achieved with a comprehensive programme of action and a shared approach by the Government and the road safety organisations.

Increased emphasis has also been placed on excessive speed reduction, seatbelt wearing, and dangerous driving due to having consumed alcohol by the addition of penalty points. This should go a long way towards helping to change driving behaviour and altering the culture of complacency.

If motoring organisations were to consider installing tacographs in cars in the same way as they are installed in lorries, particularly in cars driven by motorists in the 18 to 24 age group, such a speed control mechanism would ensure that such cars would not be capable of travelling at high speeds, which are associated with causing deaths. Such a measure would also have the benefit of reducing the insurance premiums for those who would comply with it.

Minister for Transport (Mr. Brennan)

I thank the Deputies for their support for this legislation, which is valuable. I appreciate it, particularly given that it has been introduced at short notice. I have taken careful account of what every Deputy who contributed said in regard to road safety generally. There are some legitimate criticisms arising from this debate and I will attempt to take them on board. Road safety is a priority for the Government, as well as for everyone in this House. We are working hard to push through the necessary changes in road safety legislation and ensuring that those measures to reduce road deaths are enforceable.

Deputy Naughten inquired about the figures for alcohol-related road accidents. Most EU member states experience problems in determining the level of drink-driving that occurs and its association with road collisions. The only information in Ireland comes from Garda arrests for drink-drinking and the test results from the Medical Bureau of Road Safety. Available international research indicates that alcohol is a factor in up to 40% of road accidents. I gave the House the figure – estimates in Ireland suggest that alcohol is a factor in 33% of fatal road accidents – and that figure is compatible. The 40% refers to—

Mr. Naughten

Are the figures compatible with the Minister's press releases?

Dáil Éireann debate - Thursday, 27 Nov 2003

Road Traffic Bill 2003: Second Stage.

Acting Chairman

Dáil Éireann debate -
Thursday, 27 Nov 2003