I call Deputy Peter Fitzpatrick. He wishes to share time with several other speakers. Is that agreed? Agreed.
Road Traffic (No. 2) Bill 2013: Second Stage (Resumed)
Question again proposed: "That the Bill be now read a Second Time."
The Road Traffic (No. 2) Bill 2013 aims to improve road safety. It allows for blood to be taken from an incapacitated driver following a collision. It introduces preliminary impairment testing to better identify and stop drug-taking drivers. The Bill introduces a low disqualification limit for learners and novice drivers and makes other changes to the current road traffic laws. There has been a 65.7% fall in road deaths in Ireland between 1997 and 2012 which has been attributed to a significant improvement in compliance by road users with the law on the main collision causation factors such as seat-belt wearing, speeding and alcohol-related offences. Better driver behaviour has also been attributed to Garda visibility.
These changes came about through successive Bills, dealing with permissible levels of alcohol, penalty point sanctions for risk-taking behaviour, vehicle testing and vehicle safety. However, 2013 is proving to be an anomaly in terms of road safety. As of 12 August 2013, 118 people had lost their lives on Irish roads, an increase of seven on the corresponding date in 2012. The Garda Síochána points out that, as happened last year, a significant number of people killed were not wearing a seat belt. This was the case for 13% of vehicle occupants this year, drivers and passengers. A total of 80% of collisions occur on roads where the speed limit is 80 km/h or above. Drivers aged from 21 to 25 remain the group of drivers in which there is the highest number of road deaths.
Just over half of the fatal collisions, 56%, involved a single vehicle, usually due to loss of control and collision with a roadside object such as a tree, ditch, fence, wall, etc. The majority of fatal collisions, approximately 63%, occur on local and regional roads outside built-up areas. To date in 2013, more fatal collisions have occurred on Friday afternoon and evening than at any other time. Figures for road traffic incidents recorded by the Garda as of 31 July 2013 are: driving while intoxicated, 4,542; mandatory alcohol testing checkpoints, 42,915; total breath tests at checkpoints, 249,793; dangerous driving, 1,766; and section 41 detention of vehicles, 11,786. Figures for fixed charge incidents as of 30 June 2013 were: speeding, 95,820, and not wearing a seat belt, 5,974.
On foot of a review of the penalty points system in 2012 and the comments on the review by the Oireachtas Joint Committee on Transport and Communications, several adjustments are being made to the penalty points regime, such as introducing ten new penalty points offences, penalty points on payment of a fixed charge for two offences, raised penalty points on payment of fixed charges in respect of 18 offences and raised penalty points on conviction in respect of 16 offences. The Road Traffic (No. 2) Bill 2013 aims to contribute further to road safety through allowing for the taking of a blood specimen from an incapacitated driver following a collision where the treating doctor does not consider it prejudicial to the health of the person. The sample can be taken without permission of the incapacitated person but permission must be given before the sample can be tested.
Setting a lower disqualification threshold for novice and learner drivers means that they will be disqualified from driving after acquiring six penalty points. This measure aims to ensure that these drivers do not engage in risk-taking behaviour. Allowing for intoxication impairment testing by the Garda Síochána in order to determine more easily whether a person is impaired by taking alcohol or drugs and introducing penalty points for a range of offences such as not displaying an “N” plate or a tabard as required. It also increases points for some existing offences such as speeding, using a mobile telephone while driving and for not wearing a seat belt.
Road safety is an issue on which there has been substantial progress in the past decade. Improving safety and saving lives on our roads is a concern for all parties and all Members of this House. Credit is due to the Opposition, the former Government, for commencing strategies and reforms at a time when there was a death on Irish roads for every day of the year and more besides. Much credit is also due to the current Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, who has made road safety a priority for himself and his Department.
Thankfully, we have witnessed a 65% fall in road deaths over the period 1997 to 2012, with 2012 being the safest year ever on Irish roads. This is due to a combination of factors. We have better compliance with common sense measures such as seat belt wearing and a reduction in drivers driving under the influence of alcohol.
We have better enforcement systems, with the penalty points systems now an intrinsic feature of road safety. We have the national car testing service, which guards against mechanical failures and promotes vehicle roadworthiness. We have a restructured driving test system under the direction of the Road Safety Authority. This system has ensured that securing a driving licence is more challenging than ever before and requires a high standard and awareness of good driving. We have a dedicated Garda Traffic Corps, an enhanced system of traffic monitoring and a more comprehensive information system which provides motorists and pedestrians with real-time information. All of these innovations have combined to substantially reduce road injuries and deaths in Ireland.
Regrettably, however, this year's figures seem to be creeping upwards, a fact which demonstrates how vital it is for us in Oireachtas Éireann to continue our work at updating and reforming road safety legislation and so empower other authorities and bodies to continue their vital work. In tandem with this Bill, the Government has commenced recently the fourth Irish road safety strategy to run from 2013 to 2020, which will see the implementation of 144 actions designed to make our roads safer. Among these are further changes to the driver licensing system, some of which are contained in this Bill. It is a fact that the more experience we amass at an activity, the better we will be. Requiring learners to build up a log of informal driving experience, alongside the formal, mandatory 12 lessons with qualified instructors, is welcome. Furthermore, the lowering of limits for disqualification of less experienced drivers will also act as an incentive to be more careful and mindful on our roads.
I note with interest, however, the point that a disqualified driver will still be able to commence driving following a set period of time without undergoing any educative or rehabilitative courses. I am encouraged that this anomaly is currently under scrutiny by the RSA and the Department. However, it would be a mistake for anyone to believe that newly-qualified drivers or learner drivers are the only groups in need of education on safe driving practices. Bad habits die hard and are compounded over time. There are many drivers on our roads who have had full licences for many years but who are capable of poor judgment and poor skill in terms of driving. Who can forget the incredible step taken some decades ago to solve the backlog of driving test applications? Anyone who had used two provisional licences was able to obtain a full licence without even sitting a test. Thankfully, we have travelled a good distance from such a ludicrous idea, which showed scant regard for road safety.
The one perennial threat to road safety is speeding. A spokesperson for the Garda Síochána recently commented:
There is no doubt that excessive or inappropriate speed plays a significant factor in collisions and in particular what happens to those involved. We know from our analysis that 4 out of 5 fatal road traffic collisions are occurring on our roads with a speed limit of 80 km per hour or more. Reducing your speed, and ensuring you and all your passengers wear a seat belt, could be the difference between life and death.
Every driver needs to understand the fundamental fact that less speed means more control. With more control, drivers are better able to react to the unexpected and are, therefore, in a much better position to avoid collisions.
Pedestrians also have a role to play. Driving in my constituency of Galway East involves travelling on roads of all types in urban, suburban and rural settings. The development of Galway city, for example, has been such that built-up, modern roads with street lights are but seconds away from older, narrower country roads with no lighting. The stark difference exemplifies the importance of visibility and of pedestrians using reflective clothing such as vests and armbands, which are available free of charge from local authorities such as Galway County Council.
I commend the Minister and the RSA in regard to last week's decision on changing the 80 km/h signs on country roads. These have been the source of much derision for a long period and made no sense. While we could explain them in terms of the decision taken to convert to kilometres a number of years ago, they were very hard to defend as being necessary. I am delighted with the change.
In England, a new system has been implemented to combat speeding. Drivers caught speeding are now being offered the choice of accepting penalty points and the associated financial consequences these bring, or of attending a special workshop focusing on speeding and its often deadly consequences. This approach is rooted in education and acknowledges that educating, informing and explaining very often achieve better outcomes. I cannot think of a better outcome than that which saves lives.
I am grateful for the opportunity to speak on this Bill. Recent years have seen a very impressive drop in the number of fatalities on Irish roads and I know Members on every side of the House wish to see that particular graph continue to decline. When one considers that, in 1997, some 472 people lost their lives on Irish roads and the target for 2020 is to reduce that to 124, this means thousands of people are alive today who, without the driver safety initiatives of recent years, would undoubtedly be dead or seriously injured as a result of an accident. The trend, thankfully, has been constantly downward, and every step must be taken to ensure this continues.
The figures relating to road deaths are very easy to rhyme off, but we all know the immense pain and loss that lies behind each one of those figures. Such deaths cause untold suffering for years and decades to come, especially in cases where no one is brought to justice for the accident. I note that this week gardaí in County Galway renewed an appeal for information on a hit-and-run in Ardrahan last year. On 16 November last year, a 65-year-old pedestrian, Gerard Keane, from Ardrahan was hit by a vehicle that did not stop. I wish to publicly state my support for that renewed appeal.
Young drivers aged 21 to 25 continue to be the highest group for road deaths, so much of the focus has to be on their behaviour. One element of driver behaviour is seat-belt wearing, and when one considers that almost one in eight of those killed on Irish roads last year was not wearing a seat belt, it becomes clear that changing driver behaviour will save lives. Drugs and alcohol are also contributory factors in many fatal accidents. I welcome the fact the Bill currently before the House reduces the threshold for disqualification for novice and learner drivers, which aims to underline to them the seriousness of taking alcohol and driving.
In changing times we need to ensure that the law keeps apace with modern living, for example, the increased penalty points contained in this Bill for use of a mobile telephone while driving, an offence to which Members on all sides of the House need to give much greater consideration. Increased drug use is also another facet of modern life and it is not just among the 21 to 25 year old age group that this is prevalent. It is frightening when one considers that a 2008 study by Hibernian Insurance found that one in three young drivers in Ireland had driven under the influence of drugs, yet no comprehensive roadside drug testing mechanism exists, unlike in Australia, where such testing is carried out at the roadside. There are a huge number of people driving every day under the influence of illicit drugs, but there are also, I believe, many thousands driving around while extremely impaired through the use of legal drugs. One need only speak to anyone involved in addiction services to fully appreciate the scale of the problem that exists in terms of people addicted to extremely strong but legal substances. Huge resources have been invested in terms of combating legal drugs such as alcohol but, to date, little attention has been paid to the multitude of drivers on Irish roads under the influence of stimulants and sedatives. Whether it is Valium, Xanax, morphine or codeine, to date, those drivers have faced little prospect of detection, while undeniably being a serious menace on our roads.
I note that the increase in penalty points is targeted at many of the areas that have been highlighted in road safety statistics and reports, such as the wearing of seat belts, but I very much welcome the reduction in the number of penalty points for not having an NCT certificate. The idea of penalty points is that bad drivers would accumulate penalty points over time and thus would risk disqualification, but in the current economic climate we must ensure that many poor families do not face disqualification because of poverty.
The provision in this Bill which allows for blood to be taken from incapacitated drivers is welcome. I am glad to note that while the permission of the incapacitated person is no longer required, a specimen will not be requested if the taking of a blood specimen is judged prejudicial to the health of a patient by a doctor. I also welcome the introduction of preliminary impairment testing to identify drug driving, which, hopefully, will result in further decreases in the number of lives wasted on our roads.
Some people would argue that the reduction in drink driving was a result of higher Garda visibility and, while I believe this was one element in the success, I also believe the investment in strong television advertising was a crucial element in changing social attitudes. The same level of resources now needs to be invested in drug driving. Such advertising would have to, on the one hand, emphasise the dangers of taking illicit drugs and driving, but, on the other, and even more importantly, underline how reckless it is to be driving when seriously impaired by legal drugs.
The past 15 years have seen a necessary and welcome reduction in road deaths. However, if that trend is to continue downward, we must continually update our legislation to reflect the changing pace of modern life. I believe this Road Traffic Bill aims to do just that.
I call Deputy John Paul Phelan, who has five minutes.
I am not sure I will use all of the five minutes, although seeing that the turnout from the Opposition is so huge today, I might use a bit more than five. I want to echo some of the points made by Deputy Kyne when he spoke about the Minister's recent announcement with regard to the 80 km/h road signs on country roads with grass often growing in the middle of them, which were a bit incongruous to say the least. I am glad the Minister has taken a very common sense approach to that issue.
I also welcome the recent announcement of the latest updated road safety strategy. It has been striking in recent years that there has been a significant reduction in the number of fatalities on our roads but it also worth pointing out that those figures have started to increase slightly in recent months, so it is not an issue people can afford to be complacent about.
I want to raise two areas with the Minister in respect of this Bill. The first one relates to the clocking of cars - by that, I mean vehicles that have a particular number of miles or kilometres travelled that are sold by person A and eventually end up with person Z with less miles on the clock than there were originally. In respect of the NCT and the certificate and disc awarded to people once their cars have been tested, there is an opportunity for the mileage recorded at the time the test is carried out to be included on the certificate. I have been presented with a few cases recently where people who have sold cars have found out later that those cars were sold on with less mileage than when they were originally sold. The NCT certificate is an opportunity that can be used to put in writing the mileage of a car at a particular time to overcome this issue to some degree.
The other issue I wish to raise concerns learner and novice drivers. These are people who are either learning to drive or driving in the first two years after qualifying. Under the system of penalty points that applies to every driver, a driver is disqualified once they have 12 penalty points. There is a proposal that disqualification would come into effect at six penalty points for learner and novice drivers. At a time when there is also a proposal that three penalty points would be awarded for a speeding offence, this proposal would mean that for a learner or novice driver, two relatively minor speeding offences would result in disqualification, which is too draconian. I ask the Minister to look at the possibility of increasing the disqualification threshold for novice drivers from six to seven penalty points. It would ensure that relatively minor speeding offences would not result in the loss of a licence for a period of time because I do not think that is the purpose of the legislation.
Everybody must acknowledge that the penalty points system has been a success since its introduction. It has changed driving habits. I must admit that it has probably changed my habits. I have received a number of penalty points over the years like all politicians who are on the road night and day. It has changed my own driving habits and has worked but I do not believe learner and novice drivers should be penalised in the manner envisaged in this legislation and have their licences suspended after six penalty points and that a speeding offence would automatically generate three penalty points. That is too burdensome a suggestion and I ask the Minister to look at increasing the threshold to seven points
Deputy Breen is sharing time with Deputy Feighan and possibly Deputy Harris. Is that agreed? Agreed.
I welcome the opportunity to contribute to this debate and I am delighted to see the Minister in the House. I commend him on his determination to improve road safety since assuming office. I must also commend the work done by the RSA and An Garda Síochána. Everybody is contributing. However, without the man at the top pushing the agenda, we would not have seen the results we saw last year, which was the safest year on our roads in the past ten years. Like all things, we cannot be complacent because 20 more people have died on our roads this year.
I know many of us watched the television on Sunday, 17 November, which was World Day of Remembrance for Road Traffic Victims. We saw at first hand families' stories of victims killed or maimed in car accidents. According to the RSA, 23,405 people have died on our roads since records began in 1959. That is a huge figure. In addition, a further 76,129 people received life-changing injuries over the period from 1977 to 2012. These statistics speak for themselves. It is as if the population of Ennis was wiped out over that period of time. Ennis had a population of just over 25,00 in 2011. That is what one is talking about in a small country like Ireland.
Behind these statistics are the sad stories of families who have been left devastated by the death of their loved loves on our roads. Today, I would like to again extend my deepest sympathy to the wife and family of Pius O'Neill, the latest road accident victim in County Clare who was tragically killed last week on the road between Shannon and Bunratty. He was a young married man in the prime of his life and his death has been a personal blow to his wife and the communities of Sixmilebridge and Quin. It is important that we remember that there are 164 other families who are also grieving as a result of deaths on the road this year. One death on our roads is one too many so it is important we take whatever steps are required to improve road safety. That is why the passage of this Bill will make a valuable contribution in this regard.
Legislation enforcement has already contributed to a significant decrease in the number of motorists driving while under the influence of alcohol. According to Garda figures, one in 49 people or 19,848 people were detected drink driving in 2007 and that by 2012, that figure had fallen to one in 23 people or 8,747 people. At this point, we must now focus on strengthening the law and giving the Garda increased powers in respect of drug driving. We talk a lot about drink driving but drug driving is something we must focus on. While I acknowledge that there was a 69% decrease in the number of recorded offences of driving or being in charge of a vehicle while under the influence of drugs in 2012, the laws need to be tightened up to support the Garda in its efforts. When a garda stops a driver who he or she suspects is driving under the influence of drugs, it can prove very difficult to detect the drug driving because the driver may not be as visibly intoxicated as a person who is intoxicated with alcohol. Statistics bear up my opinion that we need to tackle this issue. A 2008 survey carried out by Hibernian Insurance revealed that almost one in three young drivers have driven their car under the influence of drugs. That is one in three too many.
Gardaí need to be able to carry out a road test so they can form the opinion that a person is drug driving. This is why I welcome section 11, which gives gardaí the power to carry out this preliminary impairment test. International evidence has shown that the carrying out of a preliminary impairment test does yield results. This has been shown in studies in the UK where it has been found that preliminary impairment tests can detect up to 64% of drivers who are drug driving. The RSA has claimed that the absence of a roadside test for drugs means many drug drivers are not being caught. I believe that the introduction of the preliminary impairment test will prove to be a deterrent for drug drivers and I welcome its introduction.
Statistics show that young drivers aged between 21 and 25 continue to be the single highest age group when it comes to road deaths and that approximately 63% of these deaths take place on local and regional roads. We are all aware of the amount of local and regional roads in our constituencies. In spite of the fact that a speed limit of 80 km applies on these roads, 80% of fatalities are occurring in the 80 km zones so it is clear that speeding is a real problem.
It is the cause of many deaths on local and regional roads. While drivers should always drive at a speed to suit the road conditions they encounter, the fact is that each road having a maximum speed limit encourages drivers to go that fast, placing themselves at risk. In many cases, if one turns off the main road of a town or village with a speed limit of 50 km/h or 60 km/h, the side road has grass growing down its middle and a speed limit of 80 km/h. The majority of drivers are responsible, but it is because of such cases that I welcome the recommendations of the speed limits working group, which were set out by the Minister this week and will have a real impact, particularly in respect of people who insist on driving recklessly.
The 80 km/h signs on rural roads will be replaced by new signs showing a black circle with a diagonal. One can notice these signs when driving in other countries. This is a welcome development, given our network of local and regional roads. I hope that it will improve road safety. Obviously, it is not possible to drive at 80 km/h on many of those roads, but some drivers use the limit as an excuse to drive at excessive speeds.
My local authority, Clare County Council, has taken a proactive approach to road safety not just for motorists, but all road users, including cyclists and pedestrians. I commend the council's road safety section on its work. As well as reviewing speed limits from time to time and improving road surfaces, it is also making a valuable contribution by educating people and taking the message to the county's schools.
Despite the media and educational programmes, particularly the graphic advertisements on our television screens, we still need to do more to get the message across to young people. For this reason, school visits are a positive initiative and we must continue to get the message out there. Given the fact that we live in a technological age, we should be making greater use of the variety of media outlets to get the message across. The majority of people are involved in social media. In fact, 81% of people between 18 and 24 years of age use Facebook. Some 1 million tweets are sent in this country everyday and we have 600,000 Twitter users. For this reason, I am pleased that the Road Safety Authority, RSA, has a presence on Facebook and Twitter. It needs to continue expanding its presence in social media, as this may result in good behaviour on our roads.
The other element in which a real impact can be made in reducing road deaths is in the maintenance and improvement of our road network. Motorways are statistically safer roads, as traffic only goes in one direction on them. In this light, I welcomed the National Roads Authority's news yesterday to the effect that it anticipates that the contract for the construction of the new M17-M18 Gort-Tuam motorway will be signed in early 2014. This matter is also of interest to the Leas-Cheann Comhairle. This project will eliminate traffic bottlenecks along the existing route, making it safer. It will also provide a much needed boost for the Shannon Airport Authority by facilitating easier access and reduced journey times for travellers from the north west as well as enhancing the region's attractiveness as a location for foreign direct investment, FDI.
Tackling and repairing our rural and regional roads is also important if we are to drive road safety. I welcomed the Minister's initiative last year when he allowed councils to transfer 30% of their restoration improvement moneys to the discretionary grant for use on road and bridge maintenance and repairs. From speaking with officials and engineers in Clare County Council, I know that it made great use of that money by improving roads. For this reason, I ask the Minister to maintain this provision.
I am delighted to have had an opportunity to contribute on the Bill. My colleague in County Clare, Deputy Dooley, raised concerns about the Bill last week, but the Minister has announced that he intends to introduce an amendment on Committee or Report Stage. Legislation plays a critical role in changing attitudes. Combined with enforcement and publicity campaigns, the Minister's determination to improve road safety is important and I support him in this.
I welcome the Bill. I thank the Minister and his Department for the work they have done in ensuring that people are safer on our roads. That drivers will be defined as novice drivers during the first two years of their full licences and will need to display N plates are welcome provisions.
Deputy Breen alluded to the fact that 33,000 people had died on our roads since 1959. This is an unacceptable figure, amounting to ten times the number who died during the Troubles. These people are sometimes forgotten. Through the new agencies, the Minister has worked hard to ensure that people are much safer on our roads.
Like everyone, I have driven too fast. I used to have six penalty points on my licence. This ensured that I slowed down, especially when going through towns and villages. Speed cameras and the penalty points system have slowed many people down.
I have found out that, while driving, I can bring up on my dashboard a display of how fast I am going. It is in big writing, so I can see whether I am doing 60 km/h, 59 km/h or 58 km/h. Digital dashboards are effective, although other instruments can also be used. I always used to look at the clock, but I was not able to gauge whether I was doing 60 km/h or 65 km/h. This point is worth highlighting. I found the digital system useful after I decided that I needed to do something about my driving.
I received two points six months ago, but I did not receive notification of them. I understand that the notification was probably sent out, but I did not get it. Eventually, I was notified that I needed to appear in court in Carlow. I went there on a Wednesday, got a lawyer to represent me and spent the entire day in court. Thankfully, that was the end of it, but there must be a better way of notifying people that they have gained two points. The letter did not appear in my office. Had I received it, I would have paid the fine immediately and accepted the two points. I do not know any garda who could have got the points quashed, but even if I did, that would be the last thing that I would do. As politicians, we must obey the law. We are citizens of the State and if I get two points, it is my fault, not anyone else's.
The Deputy should get on to his constituency colleague.
I may not have been that good of a politician. I just wanted to put that example on the record.
Turning to paramedics and the health field, road traffic accidents have led to a significant loss of life and many injuries in recent years. The advanced paramedics and paramedics who attend accidents on the side of the road must deal with horrific injuries. I pay tribute to the fire service and other accident and emergency services. If one gets involved in a road traffic accident, paramedics, advanced paramedics and the ambulance and fire services will deal with one on the side of the road and use an air ambulance to move one to a suitable accident and emergency unit as quickly as possible. I pay tribute to the men and women who provide that great service to our country.
Work has been done to ensure that drivers are made aware of the fact that they are controlling self-propelled vehicles that can kill. Systems need to be in place to penalise us if our driving is out of control. The points system is one of the country's best ever initiatives. It has saved lives. I congratulate the Minister once again.
I welcome the Bill and congratulate the Road Safety Authority's initiative and the work it has done since its foundation. The number of road deaths and injuries has fallen but, of course, one road death or injury is one too many.
The Bill has wide implications and allows for blood to taken from an incapacitated driver following a collision. It introduces preliminary impairment testing to better identify and stop drug driving. Alcohol and drug abuse have serious implications for driving, so any measures that could control that situation are to be welcomed.
I am sure that such measures will be carried out with sympathy and understanding for people who may be injured or otherwise incapacitated as a result of road accidents. It is necessary to do so, however, and the measure is welcome. The Bill will introduce a lower disqualification limit for learner and novice drivers and makes other changes to road traffic law.
Friday afternoons and evenings are the worst times for fatal collisions. Drivers account for the majority of those killed on the roads - 61 people so far this year, which is 52% of those killed. Young drivers aged 21 to 25 are the single highest group involved in road deaths, so targeting this area will hopefully have a significant effect.
The majority of serious road accidents, with multiple deaths, usually occur late at night or early in the morning and involve younger drivers. In County Donegal, we have seen serious road accidents occurring so it is important to target that area. Regrettably, the 2013 rate of road deaths and injuries looks set to be higher than last year's when 162 people died on our roads. By August, seven more people had lost their lives but the number has increased since then.
Nevertheless, significant progress has been achieved since Ireland first began to pursue a strategic approach to road safety in 1998. From 1997 to 2012, road deaths decreased by almost 66%. Ireland is now the fifth safest country in the EU for road collision fatalities per million of population. That is the case despite a significant increase in the number of cars on our roads.
I am concerned about the slow progress of the Adare by-pass. I have discussed the matter with the Minister, Deputy Varadkar, on numerous occasions and I know he is sympathetic to the issue. Progressing that project is necessary for people travelling west of Limerick City. It would also enhance Adare's tourist potential. Many commuters travel through Adare to and from work in Limerick City and tailbacks on Friday evenings can run for several miles. That congestion also causes serious problems on county roads which can be used as rat-runs. Members of the public and political representatives in County Limerick continue to be concerned about the slow progress of the Adare by-pass project.
I extend my thanks to all Deputies who took part in this debate. I am encouraged by the general support for the Bill. Hopefully, it will be enacted and the measures implemented quickly once the legislation has been passed by both Houses of the Oireachtas.
I reiterate that I am happy to consider some of the issues raised during the course of this debate. Many factors contribute to road safety. There are physical factors such as the standards set and the maintenance of vehicles, as well as the quality of our roads. There is also the human factor and this Bill deals predominantly with that.
Deputy Ellis mentioned the need for driver responsibility and I fully agree. We can pass legislation, gardaí can enforce the laws and the RSA can instruct and educate but, ultimately, responsibility rests with road users to behave in a careful and considerate way. We need to encourage a higher concern for personal safety and the safety of those with whom we share the road.
I will now deal with the issues raised by Deputies in the course of this debate. Concerns were raised by Deputy Dooley about the Government's commitment to road safety. I can assure Deputies that the Government remains fully committed to it. This is the third piece of road traffic legislation that this Government has approved since coming to office and all three have contributed - and will contribute significantly - to improving safety on our roads.
In my opening statement I mentioned that I launched a new road safety strategy earlier this year. This strategy was endorsed by the Government and involves the commitment of significant resources to implement the actions identified. This will be done by many Departments and agencies across the public sector.
Deputy Dooley also raised the issue of hit and run and the measures he is proposing to strengthen the legislation in this regard. The House had the opportunity to debate this important issue last week and I was happy at that time to indicate my support for the principle involved. There is no disagreement on the central point, namely that we must provide sufficient deterrents in legislation to dissuade drivers from leaving the scene of a collision in which they have been involved. We must also provide for appropriate punishments for drivers who are apprehended after leaving the scene of a collision in which death or injury occurred. There are far-reaching consequences, particularly for the families of victims of hit-and-run incidents.
Leaving the scene of a collision is, of course, an offence under current legislation but I agree that the law needs to be strengthened. I have accepted the general thrust of much of what is contained in the Bill published by Deputy Dooley. My officials have been in contact with Deputy Dooley, at my request, to discuss the scope for dealing with the matter through a Committee Stage amendment. Last week, the Government agreed in principle to an amendment to address the hit-and-run issue, subject to approval from the Attorney General's office. Legislation in this area can be delicate and it is important that the amendment proposed should achieve our intentions, while not undermining other aspects of the provisions being amended. Work is well advanced on this. I will ask my officials to meet again with Deputy Dooley, certainly in the next few days or next week, now that we have a working draft of the text.
Deputy Ellis questioned the appropriateness of the proposal to take blood from unconscious drivers. Following concerns expressed by the Joint Oireachtas Committee on Transport and Communications regarding the constitutionality of such a measure, my Department sought advice from the Office of the Attorney General and has worked closely with that office in drafting the provisions of the Bill. Extensive discussions have taken place with representatives of the medical profession, the Medical Bureau of Road Safety and An Garda Síochána in order to develop a method of testing incapacitated drivers, which would be both practicable and constitutional. All stakeholders are satisfied that the procedures set out in section 12 of the Bill on this issue do meet this aim.
On the same issue of testing unconscious drivers, Deputy Browne asked who would make the final decision on taking a specimen. The procedure will be as follows. First, the Garda will ask the treating doctor in the hospital whether or not the driver is capable of giving consent to the taking of a specimen. If he or she is, current procedures will apply. If the treating doctor determines that the driver is not capable of giving consent to the taking of a specimen, the Garda forms the opinion that the driver is incapacitated.
The next step is that the Garda asks the treating doctor if the taking of a specimen of blood from the person would be prejudicial to the his or her health. If it would be prejudicial, the matter rests. However, if a specimen can safely be taken, the Garda proceeds to ask a designated doctor or nurse, who is not the treating doctor, to take a specimen of blood which will then be forwarded to the Medical Bureau of Road Safety, MBRS, for analysis. The MBRS will carry out its analysis of the specimen and retain the result on file but will not at that point issue a certification of the result. If, and when, the driver regains capacity, he or she will be asked whether he or she consents to the issuing of a certification of the result. If consent is given, the certification is issued. If not, the driver will be guilty of an offence and the sample and any record of the testing is destroyed. This will maintain the same principles currently in place in respect of conscious drivers, with the consent element being moved forward in the process.
Deputies Ellis and Clare Daly asked about the use of intoxication impairment testing and its possible abuse by members of the Garda. I should explain that the evidence provided from an impairment test alone will not lead to a prosecution. It will assist the garda concerned in forming the opinion that a driver may be under the influence of an intoxicant. In circumstances where a driver fails an impairment test, he or she may be arrested and brought to a Garda station where a breath, blood or urine sample will be taken for analysis by the MBRS. If a case subsequently proceeds to court, the impairment test will be used as part of the evidence presented.
In relation to the report of the Comptroller and Auditor General on the operation of the fixed charge notice and penalty points system, which was also raised by Deputy Daly and others, the penalty points system has since its introduction in 2002 made a significant contribution to driver awareness and is widely accepted by the public, as evidenced by the high percentage of drivers who pay the fixed charge within the stipulated period. Shortcomings in the operation of the system have, however, been highlighted by recent reports, in particular that of the Comptroller and Auditor General. My colleague, the Minister for Justice and Equality, spoke of these matters in detail in the House last month. I am aware that the Committee of Public Accounts is considering holding hearings into historic irregularities with regard to the fixed charge notice and penalty points system and the cost to the Exchequer of same. It is my view that a public airing of this matter could be helpful in bringing it to a close.
A number of Deputies referred to the need to provide driver and road safety education in our schools. I have encouraged the RSA to take every opportunity to enhance road safety awareness for children at all ages. Road user education is delivered by the RSA in a cumulative approach from preschool to third level. Road safety education ensures that all road users develop appropriate attitudes and safe behaviours. The RSA has developed and distributed a number of educational resources to schools from preschool to third level and places considerable importance on educating children in good road safety practices and behaviours from an early age.
Deputy Clare Daly raised concerns with regard to the reference in the Comptroller and Auditor General's 2012 report in relation to the difficulties in allocating penalty points to a driver where the vehicle being driven is a company car which may be used by numerous drivers. The report notes that almost all cases that proceed to company summons status relate to safety camera detections. Where the vehicle is not intercepted and driver details are taken at the scene, notices are issued to the vehicle owner as recorded on the national vehicle and driver file, NVDF, of my Department. The report suggests that inconsistencies in the recording of company names on the NVDF complicate identification of repeat offender companies and result in understatement of the count. My officials are unclear what these inconsistencies relate to, particularly as systems are in place since 2006 whereby all company names submitted with change of vehicle ownership notices are verified against the descriptions in the Companies Registration Office database. This was introduced to assist with accurate and consistent company ownership descriptions on the NVDF. My officials are in the process of clarifying this matter with An Garda Síochána.
Deputy Mattie McGrath referred to dangerous hedgerows and the potential danger posed in this regard for road safety. I recently wrote to county and city managers and drew their attention to the Roads Act 1993 which provides the powers for local authorities to deal with dangerous roadside trees, shrubs and vegetation. There is a statutory obligation on landowners and occupiers to ensure that roadside trees do not present a danger to road users. Local authorities also have the power to remove or reduce the danger posed by such roadside trees and vegetation where there is an immediate and serious risk to road users.
Deputy McGrath also raised the issue of people who may have difficulty passing the driver theory test. I would like to advise the Deputy that the RSA can, in certain cases, provide assistance for people who may experience difficulties in undertaking the driver theory test. I understand that arrangements and facilities are already in place for applicants requiring special assistance in completing the test. Such applicants should contact the RSA in advance of sitting the test and indicate the nature of their difficulty.
Deputy Broughan criticised the piecemeal approach to road traffic legislation and emphasised the need for consolidation of legislation in this area. I agree that a Consolidation Bill would be desirable but given the extent of legislation in the road traffic area consolidation will take a considerable amount of time to draft and pass through the Oireachtas. The reason we have not consolidated in the past few years is that there were provisions, such as lower drink driving levels, mandatory testing of drivers and impairment testing, that we wanted to enact quickly to enhance road safety. It is still my intention to introduce a consolidation Bill for road traffic when the more urgent issues have been addressed. However, I cannot give a timeframe in this regard at this stage.
Some Deputies commented on the financial outlay for learner drivers in completing lessons with an approved driving instructor. I would like to clarify that this Bill does not propose an increase in the number of formal lessons a learner driver must undertake. Under regulations in force since 2011, a learner permit holder must take 12 lessons with an approved driving instructor before taking a driving test. Nothing in this Bill changes that. However, under section 6, a learner will also be required to undergo a minimum amount of driving experience, to be prescribed in regulations, with a qualified driver, before taking a driving test. A record of this experience will be required to be kept in a logbook and endorsed by a sponsor, who may be a parent or any other fully qualified driver.
Deputies Daly and Ellis asked about financial assistance from the Department of Social Protection towards driving lessons for those who are unemployed. I understand that under the back-to-work allowance for the self-employed, there is an initiative designed to help back-to-work participants with costs, including driving lessons. It is my understanding that costs, up to a maximum of €350, in respect of car and HGV lessons are included under this scheme and that lessons should normally be related to preparing for a driving test.
Deputy Harrington raised concerns about advertisements on motorways. While it is illegal to place advertisements on motorways, the main difficulty has been with hoardings or trailers in fields adjacent to motorways. I understand that the local authorities are dealing with this issue.
Deputies Eoghan Murphy and McLoughlin raised concerns about the condition of our road infrastructure. While collisions caused due to road conditions are relatively low, they are rising. The funding for regional and local roads in 2013 was originally set at €350 million. This was increased mid-year to €400 million under this year's investment stimulus. The figure for 2014 had been set at €282 million but an additional €50 million was provided in the budget for roads, bringing the total for 2014 to €332 million. This still represents a cut of €68 million on 2013 in the local and regional roads budget. While this does not necessarily represent a €68 million cut to maintenance it is a €68 million cut to regional and local road development projects, which means we can no longer proceed with any new regional or strategic improvement schemes, at least until we have sufficient money to maintain them. As I have previously stated, the €50 million roads stimulus package will allow some maintenance works to be carried out next year but cost containment and efficiencies in maintenance will still be necessary. Unfortunately there will be no scope for new projects or improvements. This is a very challenging reduction but we will strive to make the most of the very limited resources.
Deputy Naughten expressed disappointment that no provision is being made to include a facility for an In Case of Emergency, ICE, number on driver licences. Under the EU directive which required member states to introduce a plastic card licence system, the information to be contained on the face of the new form of licence is uniform across member states and there is little leeway to add further information as the available space on the card is very limited. In Ireland, we decided to use this available space to continue to allow a licence holder to indicate their wish to be considered as an organ donor, a feature which was available on the old paper licence. The Road Safety Authority, as the driver licensing authority, is currently examining the possibility of including a microchip on the new licence. The information that might be included on the microchip, should it proceed in this way, is being considered by the authority.
Deputy Naughten highlighted the case of an individual who for medical reasons required tinted windows on his car, which subsequently failed the NCT on account of having tinted windows. I understand that the vehicle in question has now undertaken the NCT without the window tint on the front windows and that a certificate has been issued. Procedures with regard to NCT are covered by EU regulations and we cannot unilaterally change them. The RSA is conscious of the needs of individuals with certain medical conditions.
Installing excessive tinting to front side windows and windscreen can represent a significant safety hazard for vehicle drivers and their occupants, especially when driving in adverse weather, poor light and during hours of darkness. It is for this reason that a maximum permitted tint level is set by EU-type approval and national legislation.
Deputy Olivia Mitchell raised concerns about penalty points being incurred but not assigned to individual drivers. She referred to a suggestion that up to 40% of penalty points were not assigned to drivers, the implication being that a large number of vehicles on our roads are not taxed. I am pleased to reassure her on both points. There are instances where penalty points could not be entered on the national vehicle and driver file. The most recent returns show that just over 250,000 penalty point events relate to foreign licenceholders whose details could not be added to the NVDF. This equates to 12.5% of penalty point offences, not 40%. Regarding the motor tax issue, it is not correct that motor tax records are the basis for identifying the driver. In fact, the NVDF matches penalty points to driving licence records, with details of registered ownership of motor vehicles being used particularly in respect of offences detected through safety cameras. The NVDF holds both driver licence and vehicle ownership records. Motor tax records are not part of the process and, therefore, there is no reason to assume that where points cannot be matched to a vehicle, the vehicle must be untaxed.
Deputy Frank Feighan expressed concern regarding novice drivers losing their licence after receiving six penalty points. The current position is that drivers lose their licence after accumulating 12 points, with speeding carrying a penalty of two points on each occasion. In other words, six speeding offences would lead to a driver losing his or her licence. A much stricter regime is proposed in this legislation whereby three penalty points will apply for each speeding offence and novice drivers will lose their licence after six points. This means that a novice driver would lose his or her licence after two speeding offences. Deputy Feighan considers that to be somewhat harsh. My view, however, is that it will send a clear message to new drivers that they must be particularly cautious in their first two years on the road. Having said that, I am open to different opinions on the issue and will be interested to hear Deputies' views on Committee Stage.
Deputy Feighan also raised the issue of car clocking. I will examine whether that issue might be included in the NCT, by which I mean keeping a record of the vehicle's number of kilometres to see whether, for example, it has reduced since the last test. As it stands, car clocking is an offence under the Consumer Protection Act, but the relevant provision applies only to dealerships which offer motor vehicles for sale and not to an individual who does the same. A proposal for an EU regulation on roadworthiness testing for vehicles is being discussed at present, the draft text of which provides that each member state must take the necessary measures to ensure that manipulating an odometer will be punishable by effective and proportionate penalties. I am open to an amendment on this issue on Committee Stage, notwithstanding the difficulty that may arise in accepting it in a context where an EU regulation is forthcoming. Any such amendment would require subsequent amendment in the light of the European provision, but it would not be the first time such amendment was required.
Deputy Seán Kyne referred to the possibility of offering driver education or re-education as an alternative to fines and penalty points. That issue is not addressed in this Bill but is included in the five year road safety strategy. Our intention would be to allow the courts to impose such a sanction as an alternative to points or fines. It will require future legislation.
Deputy Paul Connaughton raised the issue of drug driving. A procurement process is due to commence in the coming months for the provision of roadside devices to detect drugs. In addition, the next road traffic Bill will strengthen the legal provisions relating to driving in an impaired state as a consequence of taking drugs. I hope to introduce those proposals next year.
The Road Traffic (No. 2) Bill 2013 will build on the progress made to date in the areas of driver licensing, penalty points and intoxication testing. All these measures will help to promote better driving on our roads. I look forward to the passage of the Bill through the Oireachtas and its speedy implementation. I thank Members for the opportunity to present this legislation and for their contributions to the debate.
Question put and agreed to.