Dáil Éireann debate -
Wednesday, 18 Feb 2015

Vol. 868 No. 2

Road Traffic (Amendment) Bill 2015: Second Stage (Resumed) [Private Members]

Question again proposed: "That the Bill be now read a Second Time."

Deputy Seamus Healy

I am sharing my time with Deputies Pringle, Halligan and Finian McGrath.

I wish to acknowledge the commitment and determination of Jake's mam, Roseann Brennan, her husband, the wider family and the campaign team they have led. When they lost little Jake in June last year, they set about ensuring that no other family would find itself in such tragic circumstances in the future. The loss of Jake has been a catalyst for a campaign for safety measures to protect young children, the elderly and the infirm. The campaign is set against the background of increased road deaths in 2013 and 2014. This issue is above politics. There is no doubt that the introduction of a 20 km speed limit in housing estates will save lives and this is what the Bill calls for. It does not call for a pilot or discretionary scheme, whether at the discretion of the Government or local authorities, but calls for a mandatory 20 km speed limit in housing estates. We must not play politics with this life and death issue. It would be disingenuous and dishonest to do so and would be cruel on the Brennan family.

When the Minister addressed the Dáil on this issue last night, he gave the distinct impression that he and the Government support the Bill and that it will be processed through the Dáil. I ask him to be specific in that regard in his response tonight and to clarify the situation for us. I ask for a "Yes" or "No" answer in response to my questions. Does the Government support the introduction of a mandatory 20 km speed limit in housing estates? Will it ensure the quick passage of the Bill through the Oireachtas and will it enforce a mandatory 20 km speed limit in these estates? I urge the Minister to address these questions specifically in his response tonight. I support the Bill.

Deputy Thomas Pringle

I fully support the Road Traffic (Amendment) Bill 2015. I pay tribute to Roseann Brennan and her family on the campaign they have led in regard to getting this legislation before the House and to getting the Government to accept it. Nobody can compensate Roseann Brennan for the tragic loss of her son Jake last year, but if his death can have some meaning, it would be through the passage of this legislation through the House. Perhaps other families would be saved the heartache and the loss the Brennan family has suffered. That is the tenet of the Bill and the hope behind getting the Bill passed.

I know the implementation of lower speed limits may not in itself change attitudes and behaviour, but it is a way to send out a signal from this House and from society as a whole that we need a change in culture and driver behaviour. This change is the most important aspect of the Bill. If we decide a 20 km speed limit is mandatory within housing estates and that this is how we expect people to drive, we can lead the cultural change. We have seen the success of previous culture changes, for example in the drink driving and seat belt campaigns. It is now almost socially unacceptable even to consider drinking and driving. We need to achieve a similar culture change with this legislation.

I note the Minister said last night that he had prepared the heads of a road traffic Bill which includes provision for a 20 km speed limit. This limit needs to be mandatory. It should be possible to find a way within the legislation to ensure this provision will target housing estates and residential areas. I know there are issues in regard to residential areas that have a through road through them. In my experience, housing estates do not have road numbers or a designation in terms of the road Acts. Therefore, it should be possible to provide for a mandatory speed limit that applies to unnumbered roads and this would achieve the objective of this Bill. I urge the Minister to ensure this Bill goes through Committee Stage. He should not wait for his Bill to be published but should move this Bill forward and have it enacted so we can deliver for Jake's family.

Deputy John Halligan

Having read through the Bill and having heard the family and read all they have said, the Bill seems reasonable, sensible and practical. It is, therefore, beyond me that anyone would not want a speed limit in housing estates. I cannot understand why people would want to speed through housing estates when they know many of the families living in them have young children.

People seem to shudder at the use of the word "mandatory". I believe that under legislation, the current lowest maximum speed limit is 30 km, and that to change that limit would require us to introduce legislation. It is imperative that we put pressure on local authorities on this issue, because they have power to make roads and housing estates safer through traffic calming measures. Perhaps speed ramps are not the ideal solution, but it has never made sense to me that they are not used in most housing estates. We should look at other methods used on the Continent to slow traffic in housing estates but which leave access for emergency services.

The argument put forward by local authorities in regard to introducing these measures is that they do not have the finance for them. In Waterford city for example, there are so many housing estates that they argue they do not have the finance for traffic calming measures. This leaves us with the option of a mandatory speed limit that would be an offence to break. This is the simple alternative and is reasonable, practical and sensible. It makes no sense that people would want to speed through estates and is common sense that a 20 km speed limit or less would be acceptable to reasonable people.

Deputy Finian McGrath

I thank the Chair for the opportunity to speak on this important legislation. I strongly support the legislation as it is sensible and good for public safety. We all know the background to this Bill. We know that young Jake Brennan, aged 6, was killed last June. I welcome his family, his father Christopher, mother Roseann and all their friends and family from Kilkenny and offer them my deepest sympathy. They found themselves in a difficult situation, losing someone at such a young age. It is appalling to have to go through such a situation as a parent.

It is grief enough to have to go through that trauma, but another sad day to have to come to Dublin to sit outside the gates of Dáil Éireann to highlight the situation. However, the good news is that every Member of the Dáil supports this legislation. Many young children are killed on our streets and in estates on a regular basis. In recent years, some 262 young children under 14 have been killed and some 1,115 have been seriously injured. This is a message for all of us. Some 57% of these child injuries happened in housing estates.

Those of us who live in housing estates are aware of the reality of cars regularly speeding through roads where there are small children between four and ten years of age playing. This is an issue we must deal with. During my time as a councillor the issue of speed ramps in estates to slow down cars was raised many times. In many estates there was often a huge row between those who wanted the ramps and those who did not. There was a bit of snobbery attached to the whole issue. Some people did not want speed ramps in their estates. Those involved in road safety, including the Garda Síochána and staff of Temple Street hospital, all say that these measures play a huge role in reducing the number of children killed on our roads.

I urge all Deputies to support this Bill. I understand the Minister is not opposing the legislation, which is the right thing to do. I urge him to implement the main provisions of this legislation, which is about public safety and, in particular, the safety of children.

An Leas-Cheann Comhairle

The next speaker is Deputy John O'Mahony, who is sharing with Deputies Áine Collins, Pat Deering, Helen McEntee, Michelle Mulherin, Peter Fitzpatrick, Patrick O'Donovan and Eamonn Maloney. The Deputies have four minutes each.

Deputy John O'Mahony

I welcome the opportunity to contribute to the debate on this Private Members' Bill. I commend Deputy Ellis on bringing it forward. I also welcome the Minister's acceptance of the thrust of the Bill and the fact that he will address it in the context of the Road Traffic Bill 2015, which will shortly come before the transport committee, of which I am Chairman and Deputy Ellis is a member. This matter will be discussed in detail by the committee and I can assure Members it will receive top priority.

This Bill is a consensus approach to legislative matters, with general agreement from all sides of the House, which is welcome. That does not happen often enough. The outcome will be much faster and more positive as a result of that consensus. I wish to be associated with the expressions of sympathy to Jake Brennan's parents and family, particularly Roseann, whose aim is to ensure that other families do not have to suffer the tragedy her family has had to endure. I commend the Minister, Deputy Donohoe, on reacting quickly and in such a sensitive and practical way to ensure a positive outcome.

It has been demonstrated many times that speed is a major cause of deaths in our housing estates and on our streets and roads. If this measure saves only one life it will be very much worthwhile. Great strides have been made in recent years, particularly the last ten years, in achieving a reduction in the number of fatalities on our roads. However, it is worrying to note that the number of such deaths, particularly cyclists and pedestrians, has been increasing in the past couple of years. In 2013, 31 pedestrians and five cyclists were killed on our roads and streets. The number of deaths rose in 2014 to 42 pedestrians and 12 cyclists. This confirms the need for legislation like this, that our roads remain dangerous and that speed and a lack of visibility are major factors in the number of deaths on our roads. It is worth noting that a pedestrian hit by a car being driven at 50 km/h has only a 50-50 chance of survival whereas nine out of ten persons hit by a car driving at 30 km/h will survive. I presume that all persons hit by a car driving at 20 km/h would survive. This is further evidence in support of this Bill.

There are many other dynamics to the road safety issue. We recently learned that many fines for speeding detected by GoSafe vans were thrown out. This issue also needs to be addressed.

I look forward to this Bill coming before the committee and to a positive outcome in that regard.

Deputy Áine Collins

I welcome the opportunity to speak on this Bill and thank Deputy Ellis for bringing it before the House. The Minister accepts the general principles of the Bill, which in the main proposes a reduced speed limit in residential areas. In these instances, a speed limit of 20 km/h will apply. My understanding is that there are technicalities to be worked out before the provisions of this Bill can be satisfactorily implemented. The implementation process will still be subject to local authority by-laws that govern residential areas and housing estates. While this is welcome and urgent legislation, the process of enacting by-laws can be cumbersome. To give quick effect to the practical implementation of this Bill the Minister might consider some simplification of the by-law process within the local authorities.

I want to express my deepest sympathy to Jake Brennan's family and applaud them for their courage in bringing this matter to attention. It is hoped the speed limit will be reduced in the near future. As stated by Deputy Finian McGrath there have been many tragedies involving children in housing estates, where the installation of speed ramps is a big issue. While I accept that reducing the speed limit deals with one aspect of road safety, unfortunately, unfinished housing estates are also contributing to dangerous and life-threatening situations. In my constituency of Cork North-West there are unfinished estates in Kanturk, Charleville, Bóthar Buí, Milford, Lismire and so on. This gives rise to huge safety issues.

Last week, an issue arose in my own estate in Rathcoole. The public lighting had been turned off because the Airtricity bill had not been paid by the liquidator. Following representations Cork County Council tracked down the liquidator and, fortunately, the new owner swiftly reacted and paid the bill and the lighting was turned on again, but not without huge concern to families, particularly young children in the estate. The risk of injury is increased in these estates because of unfinished footpaths and roads. There are also issues around dumping and who owns the estates. In many cases, because contractors have gone out of business, these estates are now being managed by liquidators. This can be a very time consuming process. Also, because of the situation in relation to liquidators and bonds on estates, the taking over of estates by a council can be a cumbersome process. Under current laws, a council cannot undertake any repairs on an estate until such time as it has been properly and legally handed over or the bonds have been drawn down or brought to a particular stage. There is a need for regulations to be put in place immediately to compel a liquidator or financial institution to inform the local authority of any changes of ownership or responsibility. This problem feeds into this legislation as it would appear that the new regulations would not only apply to housing estates not taken in charge by local authorities. Again, there are speeding issues in these areas because currently nobody has taken them in charge. As the local authorities cannot take charge of these estates issues such as speeding and the installation of speed ramps cannot be addressed.

This Bill deals with one aspect of child and adult safety and should be supported for this reason. However, the whole question of safety in housing estates, such as ensuring public lighting remains on, also needs to be looked at by various Departments.

Deputy Pat Deering

I congratulate Deputy Ellis on bringing forth this Private Members' Bill. It is important that we discuss this issue. I sympathise with the Brennan family on their tragic loss. Regardless of what debate we have tonight it will not bring back their son. I compliment Jake's parents on keeping his memory alive through their vigorous and dignified campaign. I also compliment the Minister, Deputy Donohoe, on his proactive approach in this matter, having held numerous meetings with the Brennan family since Jake's death. The Minister has done a great deal of work in this area thus far.

While I am generally speaking supportive of the 20 km/h proposal, I see speeding in housing estates as a much broader issue. I believe it will be difficult to monitor the speed limits. Simply erecting 20 km/h speed limit signs will not prevent other incidents occurring. It will not be possible to have gardaí patrolling housing estates to ensure cars in estates are being driven at the 20 km/h speed limit. Speed limits are only part of the broader issue. There are also many housing estates in Carlow. Like other Deputies I have been lobbied by residents on the issue of special traffic calming measures such as speed ramps and so on to try to alleviate the problem of speeding.

The only way forward is for a funding stream specifically for local authorities to implement traffic calming measures in housing estates. This is similar to funding streams for other road projects throughout the country. We can also make local authorities responsible for every housing estate in the area. We are well aware of the housing estates in which there is an issue and making the local authorities responsible and allocating a specific funding every year for every county is the only way forward. It is important that €2 million was allocated by the Minister. It is a step in the right direction. It is a positive step but we need a lot more. It costs €3,200 for a speed ramp. There are different views about speed ramps and whether they are the appropriate way. In a housing estate with 100 residents, 50 people will be totally against speed ramps. There are other ways of looking at traffic control measures, such as zigzag designs, but every possibility must be exhausted before deciding on the final issue and the best way forward.

As well as traffic calming measures, the culture must be changed in housing estates. We see housing estates being used as Mondello Park by joyriders who want to take advantage of a straight run in an area to test out a new car that they may have bought for a small amount of money. We have seen a sea change in culture with regard to seat belts in cars and, in more recent times, with drink-driving. Our culture needs to be totally changed and there should be an advertising campaign in that regard. The Brennan family could play a huge part in it.

Residents associations have a huge part to play. They know exactly the problem cases and the problem cars are often those who come into estates. Nine times out of ten, the people joyriding are not from those estates. People know who they are and it is important that people stand up and be counted.

This is a worthwhile debate and is a first step. There needs to be more engagement with local authorities and different community groups to come up with the best way forward to ensure we have safety. I agree with the comments of Deputy Seamus Healy, who said that we must not play politics with the issue. This is all about children's safety.

Deputy Helen McEntee

I welcome the opportunity to speak on the legislation and I thank the Opposition for introducing the Bill, which I support. I extend my sincere sympathy to the Brennan family, Chris and Roseann Brennan and the extended family. Jake is the reason we are discussing this and great credit must be given to them and the many supporters around the country who campaigned in Jake's memory.

The debate opens up the issue of speed limits and road safety in general. We must talk about this to make our roads safer. This applies not just to housing estates but outside schools, in villages and everywhere on our roads. In the past few years, we have seen dramatic improvements in road safety for a number of reasons. A wide number of measures have been introduced and implemented to reduce the risk for pedestrians and those driving vehicles on roads. People have become more aware and conscious of the dangers of driving. This is linked to the safety campaigns carried out by the NRA, the Department of Transport, Tourism and Sport and other associated bodies. These involve graphic images on our television screens and it resonates with people. However, safety cannot be ensured by any one of these measures alone. It cannot be ensured solely by rules and regulations or legislation passed in the Dáil. We are all responsible behind the wheel of the car and we must follow the rules to the best of our ability. Accidents happen, which can be traumatising for the people involved, and it is up to legislators to reduce the risk as much as possible.

Having said that, there is always room for improvement. Sometimes, improvement and change is brought about only when an accident happens and when someone dies or is seriously injured. In 2005, five young girls lost their lives in the Kentstown bus crash coming home from school on a school bus. My dad, Shane McEntee, had just been elected and met all the families. It was a traumatising time for all of them and still is. The country was angry that something like that could have happened. After that, stricter regulations were introduced in respect of roads and the condition and safety of our vehicles. School buses at the time did not have seatbelts, which is hard to believe, but they do now. The improvements and changes happened because of the tragic accident. The proposed legislation has come about in similar circumstances and we must learn from what has happened. We must do everything in our power to ensure this does not happen to another family.

Following the Kentstown bus crash, it was suggested we should have a road safety officer in Meath. It is crazy to think we did not have one then but we have one now. He is probably one of the busiest people in Meath. My office receives phone calls on a daily basis about road safety, including zebra crossings at schools or in busy villages, barriers outside schools where children are coming onto the road, footpaths and rumble strips coming into villages, speed ramps and requests to change the speed limit, which are made on a continual basis. I wholeheartedly agree that in residential and built-up areas, with high volumes of houses, pedestrians and children, the 20 km/h speed limit, or a 30 km/h speed limit in less built-up areas, will save lives. Changes need to be made to give peace of mind to parents when their children play outside, on greens or in other areas.

Once these measures are implemented, we must have proper surveillance of the new speed limits. We can rely on the Garda Síochána only so much and people in the communities and in residents associations must make people aware if the limits are not being followed. We have responsibility for road safety as pedestrians, cyclists and motorists. I welcome the debate on a topic that all should always be debated. It is something on which we can always improve.

Deputy Peter Fitzpatrick

I welcome the opportunity to speak on this important topic. I would like to put on record my great admiration for the Jake's Legacy campaign and to acknowledge, as stated by the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, the amazing energy, commitment and bravery shown by Roseann and her family in the face of such a tragic event. It is also pleasing to note Deputies from all sides of the House are united by a desire to make our roads safer for everyone, including children, walkers, cyclists and other road users. Compulsory speed restrictions of 30 km/h should be in place in residential areas, especially in housing estates. I am regularly contacted by constituents who voice their concerns about the speed at which cars travel in built-up residential areas. One such area in Dundalk is Lennonstown Manor, and I acknowledge the great work carried out by local residents, particularly Kathy Duffy, who tirelessly campaigned for a reduction in speed limits in her estate and adjoining estates.

The problem, however, is not confined to Dundalk. It also exists in housing estates in Blackrock, Ardee, Dunleer, Tallanstown, Carlingford and Drogheda. Many estates in the areas have the daily problem of traffic whizzing through, especially in the morning. Motorists use the estates as shortcuts to avoid congestion. The traffic and speed at which it travels is causing great distress to families in the areas, especially those with young children. Many parents will not allow their children out to play because of traffic and the speed at which cars travel. I do not want a situation where children are prevented from playing in the local green areas for fear of the traffic. I commend the Minister on pursuing the issue and welcome the fact that he has made available €2 million to support local authorities in implementing 30 km/h speed limits in housing estates and residential areas. This will make a huge difference to the many young families in Dundalk, Drogheda, Ardee, Dunleer, Blackrock and other areas in County Louth.

The task of implementing the speed limits should be the responsibility of the local authority, which is best placed to do so. Only 2% of speed limits in housing estates and built-up residential areas are in place outside of Dublin. Special speed limits are sometimes applied to designated roads and zones, mainly on roads outside built-up areas or around schools. Special speed limits are generally for 30 km/h or 60 km/h. Local authorities in Ireland have the power to introduce by-laws and to set special speed limits. I look forward to seeing the money made available by the Minister utilised without delay by the local authorities in implementing the speed reduction measures. The safety of children is first and foremost in any discussion on this topic. As a father and grandfather, I know the pain and anxiety faced by parents when the safety of children is put at risk.

I support the efforts of the Minister, Deputy Donohoe, to develop further this Bill and I look forward to seeing it implemented without delay. I acknowledge the great work being done by the Jake's Legacy campaign, and Roseanne Brennan in particular, to make our roads safer for children.

Deputy Patrick O'Donovan

I am glad this Bill is being accepted by the Minister on Second Stage. The proposer of the Bill and I are members of the Joint Committee on Transport and Communications. Given the importance of this subject, I hope the committee will have an opportunity to invite the relevant stakeholders to discuss the issues arising. The committee has engaged extensively on the issue of road safety with various stakeholders, including the new chairperson of the Road Safety Authority, local authority and departmental officials and gardaí. This issue is not going away. Few of us know first-hand what it is like to lose a child. There is an obligation on us to be honest about how we are going to progress the legislation. I would like it to be further developed. We should also examine the roles that local authorities, in particular, can play. In my area, I can think of a number of housing estates in which traffic calming infrastructure should have been provided when they were first built. Local authorities are now trying to retrofit traffic calming measures with great difficulty because of the costs associated with them. The decisions that local authorities should make when granting permission for new estates should also be factored into the legislation, with a view to making changes that will make a difference to the lives of people now living in housing estates as well as yet those to come.

There are three elements in road safety, namely, engineering, enforcement and education. This debate is an important part of the education aspect and credit is due to the people who brought forward the legislation. This issue has been discussed all over the country in the past few days by virtue of the tragedy that has brought us to where we are. If no other good comes from it, at least people are discussing the issues.

Engineering is vital. That includes setting realistic speed limits. There are roads in my area with speed limits of 80 km/h even though grass is growing in the middle of them. That is equally as dangerous. I am aware the Department and local authorities will say that is not the desired speed limit but we need a proper debate on speed limits. Parts of the national secondary route between Killarney and Kenmare are too narrow for two cars to pass but the speed limit is 100 km/h. Those are the issues that aggravate people in respect of speed limits, whether in rural locations like mine or in housing estates in our towns and villages. Local authorities have an important role to play but we have an equally important role. If we believe we can use our town and county development plans or regional planning guidelines to ensure this will not happen again, we should be incorporating the necessary measures in the planning legislation. I do not care who proposes a Bill if it saves a single life or prevents a single life-changing injury. Accident statistics focus primarily on fatalities but if one visits the rehabilitation hospital in Dún Laoghaire one will observe the life-changing impact of what happens on the roads in housing estates and rural areas. We must also take account of those whose injuries mean their lives and the lives of their families will never be the same.

I hope this Bill can be developed further by the Joint Committee on Transport and Communications. With the consent of Deputies Ellis and McDonald, the committee might examine the issue with the relevant stakeholders, including the Garda, the Department and the local authorities. There is a desire in all of our communities for this issue to be addressed in a firm way.

Deputy Eamonn Maloney

I am happy to support this Bill. If it saves even one life, it will have been a good day's work. I join other speakers in extending my sympathy to the Brennan family and those who support their campaign in memory of Jake. It is every parent's nightmare to bury a child. Most of us would have seen this happen in our neighbourhoods if not in our own families. It is a painful business and, as legislators, our function is to curb the madness of people who drive at speeds in excess of the norm under our legislation.

I previously discussed this issue with the Minister last year in the Joint Committee on Transport and Communications. We make laws for the best of intentions but a car is a potential killer. This is why we are here this evening. Most people who get behind the wheel experience a change in their attitudes, and personalities in some cases. This is reflected in the speed and aggression one witnesses on our streets. If we went for a walk around St. Stephen's Green, we would see driving habits that should not be permissible in any normal civil society. We cannot merely introduce laws and then say the problem is solved once they are enacted. There is no greater illustration of how many motorists in this jurisdiction ignore existing laws than the breaches of the maximum speed limit. It has reached epidemic proportions. It is not just an urban problem; in some cases it is worse outside the cities. The only way of changing what some people call a culture but which I regard as a bad habit is by introducing legislation to impose a lifetime ban on drivers who breach the maximum speed limit. We should not put up with the nonsense of allowing drivers to get their licences back after four years in cases where people have died as a result of traffic accidents. That is absurd. If we are serious about this issue, those who speed should pay a price. The problem is getting worse and it is up to us to solve it. If people are prepared to break the law, the Minister can stop them. A lifetime ban for drivers who break speeding laws will change their bad habits and we will have done a good day's work out of respect for the memory of this child who died.

Deputy Dessie Ellis

Roseann and Chris, who watched their little boy die just eight months ago, are an inspiration to all of us.

They have taken their sorrow, anguish and love and turned it into an unstoppable campaign for safety for children. They have taken what would have left even those of very strong will paralysed by grief and sought to make out of it a lesson for our society and a change in the interests of little boys and girls just like Jake. I am inspired by them and their family as is everyone who meets them. They are not here for compliments, however, or to be plámásed. This is not a cathartic exercise for them. It is about achieving the change that will protect children and their right to live and play in safety in their neighbourhoods.

I am not here to have my name on a Bill either. The Road Traffic (Amendment) Bill 2015, or Jake's law, was not written for fun, plaudits or kind words from the Government benches. It was written to be law and to make a reality what Rosie, Chris and all involved in the Jake's Legacy campaign have sought to achieve. Today, the Minister met with Rosie again and made clear that he had no intention of putting Jake's law on the Statute Book. Last night, the Minister told the House that he would not oppose the Bill and that he agreed with it in principle, but what he meant was that he was happy to let the Bill gather dust after tonight. This is lip-service, not support. The Minister may feel he has successfully shirked his responsibility in this regard, but he is wrong. We will not let this be the end of it. He must surely know by now that it is not the end for the Jake's Legacy campaign.

The evidence is clear. Far too many estates have 50 km/h speed limits in operation. Research from the UK and Australia shows that a pedestrian struck at 50 km/h has 35% to 45% chance of dying from the resulting injuries. That research is based on figures from across all age groups. The risk is higher for children. At even 30 km/h, there is an almost 5% chance of death. These figures do not account for debilitating and life-limiting injuries or even the trauma of a non-fatal collision at these speeds. We know from Rita Malone and her son Oran that non-fatal accidents involving children are highly traumatic. No parent should have to comfort his or her child and be asked "Am I going to die?" because someone refused to drive slowly on a street lined with houses in a self-contained estate.

A 20 km/h speed limit would make the fatal accidents in housing estates incredibly unlikely. It would also mean that the blame would not be laid at the door of the family affected. Some people who hear of a child being hit on the road in front of his or her house say the child should have been inside or should not have crossed between cars, but the person to blame is the person who drove at speed where children were playing and could not react appropriately to deal with the unexpected. That is if one can call it unexpected that children will be playing in a housing estate. As Rosie told some of us earlier today, these are children we are talking about and children make mistakes. While that is part of growing up, every child should be able to walk away from those mistakes. Adults behind the wheel of a car, do not have that luxury. As Deputy John Paul Phelan rightly said last night, driving is probably one of the most dangerous things we do on a daily basis and it demands the height of responsibility which, unfortunately, means strict laws and their enforcement. A 20 km/h speed limit means that if a child is hit and flung 17 m down the road, as little Jake was by a car that had only pulled out onto the road a few doors up, there is no doubt and there is no wriggle room. The responsibility is clear. When we sit behind the wheel of a car, we must accept this responsibility and act with due care. While that is already the law, we must back up that law with clarity. Due care where children play is not 50 km/h or even 30 km/h; it is as slow as one can drive.

I am very disappointed that the Minister is not in favour of the Bill. He does not have the courage to admit it and it is not clear to me why. I want to know why and so does the family. No Bill is perfect on the first printing. Very often, the Government submits dozens of amendments to its own Bills on Committee Stage. That is fine. I want this Bill to succeed in bringing in a 20 km/h speed limit and I do not care if the Bill has to be changed a bit or a lot to do so as long as the principle remains. The Minister has claimed he supports the Bill in principle. Part of that is the principle that the Government must act where local authorities have failed for whatever reason. Many in the Chamber listened to or read the Minister's speech from last night and did not seem clear on his position. Some Government Deputies commented to me personally that they were glad the Bill was being supported and Fianna Fáil Deputies seemed to be under the same impression. It is one thing for the Minister to speak out of both sides of his mouth to me, but it is another thing entirely to play both sides of the pitch when speaking to families affected by the tragedies we are trying to stop. They do not deserve it. If the Minister supports the Bill in principle or otherwise, he should support it clearly and commit to bringing it through Committee Stage as soon as possible. It is not about not opposing it, but about supporting it in principle. Forgetting about it tomorrow is worth nothing. If the Minister supports 20 km/h speed limits, he should start the ball rolling tonight with this vote.

Deputy Martin Ferris

I offer my condolences to Rosie and Chris on the tragic loss of their son, Jake. I congratulate them for the work they have done for road safety since his tragic death. It is less than a year since Jake lost his life in Kilkenny but Rosie and Chris have campaigned tirelessly for a 20 km/h speed limit in housing estates, more education on the dangers of speed and to encourage drivers to exercise extreme caution in areas where children might be playing. In response to their campaign, the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, has called on local authorities to review speed limits in residential areas and housing estates and to improve road safety for cyclists and pedestrians alike. However, he knows well that if a 20 km/h speed limit is not mandatory, it will not be worth the paper on which it is written. The Minister has the power to make it mandatory and I challenge him tonight to come out and say he will do so because then it will have teeth. Not opposing the Bill is a very different matter from supporting it. The Minister should be ashamed that he gave the impression to this family that the Government for once was going to do the right thing when it is now rowing back.

Good governments make good laws to change behaviours and then change attitudes and that is a good result for everyone. The ways things are now, if a child pedestrian is killed on the road in a housing estate, the assumption not only in the public mind but in the minds of gardaí is that the child was at fault and ran out from behind a parked car while the driver could do nothing to prevent a collision. However, the driver can do something. He or she can drive slowly enough to ensure that while injury might result from a collision, the chance of death is greatly reduced. We are talking about making 20 km/h the default speed limit which means a need for signage or a lack of money cannot be cited as an excuse for inaction. We must make it unacceptable to drive fast where children are playing or it is otherwise unsafe. The most important aim of the Bill is the saving of lives. Figures from Britain and Australia show that the odds against dying on the road increase dramatically as vehicle speeds are slowed. Without doubt, 20 km/h is a very slow speed, but it must be remembered that it is only to be enforced in areas where there is housing. Most drivers do not exceed this limit as it is when they are driving down the small roads of most housing estates that may also have ramps. We are talking about the areas where children may live and play in close quarters and drivers must take care.

The Minister has the ability tonight to accept the Bill and make this speed limit mandatory. To do otherwise will be to fail that family and that kid.

Deputy Denis Naughten

I commend the Brennan family on their courage. Sadly, I too know first-hand what it is like to lose a loved one on our roads, the impact it has on a family and the sense of numbness that is felt. The courageous step they have taken to bring this campaign to the floor of the House must be recognised. Every Member on both sides of the House supports Jake's law, but there is a hesitancy to implement it.

Maybe this hesitancy is due to the cost implications of erecting the signage across the country to enforce it. As an alternative, I suggest the introduction of a statutory default residential speed limit which would not require signage. It could be defined as applying to areas within the current built-up speed limit areas which are residential cul-de-sacs or residential estates where there is no through road. The Minister could even consider applying it to streets in which there are residences on both sides of the road, streets with vehicles parked on them and where vehicular entrances are no more than 25 m apart. This would tighten up the definition of a residential area. While the €2 million allocated for signage is welcome, it could instead be earmarked for erecting time-based speed limits to reduce traffic speeds around our schools at opening and closing times, a measure which has been introduced by Offaly County Council in by-laws and which could help to save lives in the vicinity of schools around the country.

Deputy Jonathan O'Brien

I congratulate Deputies Ellis and McDonald on producing the legislation and tabling it last night and tonight for consideration on Second Stage. Like every other Deputy, I pay tribute to the Brennan family and the campaign they have undertaken since the tragic loss of their son. While we have all paid tribute to them, the ultimate tribute would be to pass the legislation. Nothing less will satisfy the family and the Members who have spoken in favour of it.

Although I had a speech prepared, I threw it out the window after reading the Minister's speech. The impression given during the lead up to the debate was that the Government would support the legislation. I am sure the family was under this impression, as were I and many sections of the media, because that was how it was portrayed. In no part of his speech did the Minister state that he supported the proposals in the legislation, apart from saying he supported the introduction of a speed limit of 20 km/h in principle. He then went on to outline all the difficulties in introducing a mandatory speed limit. He referred to James's Street in his constituency, which is lined on both sides with residential properties. He spoke about the difficulty of defining a residential area and said he and his officials had spent all day yesterday going over this in their minds and racking their brains to try to come up with a way of introducing a mandatory speed limit of 20 km/h. He determined that the local authorities are best placed to address the issue. The Minister went on to speak about some of the initiatives he has brought forward as Minister. He talked about the October 2014 circular sent to all the local authorities to inform them of a recent survey which was done on foot of a meeting with Jake's Legacy. He spoke about the review which is being undertaken by local authorities on speed limits and safety measures in housing estates.

Although I was not privy to the meeting the Minister had with the family and some Members, it is becoming clear that he is not in favour of a mandatory speed limit of 20 km/h in residential areas. If this is the case, how can the Minister say he supports the legislation? In reality, the Minister is not opposing the legislation, and will let it go to Committee Stage. Although I have been in the House only a few years, I know how it operates. Opposition Bills go to Committee Stage where they remain, and before we know it, there is a change of Government and those Bills go by the wayside. It is not often that a Bill is brought before the House, by the Government or the Opposition, which is about saving lives, would not cost millions of euro to introduce and has unanimous support across the House.

The only objection the Minister has raised is that he has a difficulty defining a residential area and that it would be very difficult to introduce a mandatory speed limit on that basis. The Minister said "the proposal to make the speed limit mandatory and have it imposed centrally creates a challenge". This is the challenge that has been given to the Minister with responsibility for this area and it must be met head on and overcome. I do not believe the challenge cannot be overcome and that we cannot find a solution. It is a challenge not for the Minister alone; we must all take it up. If the Bill goes to Committee Stage, which it will given that the Minister will not oppose it, let us take Committee Stage as soon as possible and tease out and overcome the challenge the Minister outlined in his contribution last night. Let us try to formulate the definitions and move from a situation in which the Minister agrees in principle to one in which he will enact the legislation to introduce a speed limit of 20 km/h in residential areas.

The Minister and his officials do not have to do it alone. They have unanimous support in the Chamber to do what they believe to be right thing in principle. Every member of the transport committee will do everything in their power to ensure the legislation is enacted and we can make our roads safer. This is the best tribute we can pay to Jake's Legacy and the best thing we can do as legislators to ensure no other family has to go through the grief and anguish the Brennan family, and many others, have gone through. This is about doing the right thing in very difficult circumstances and we must achieve it because if we cannot overcome obstacles such as this, what are we doing as legislators? If we cannot find workable solutions to the challenges of road safety, health and education, and enact legislation to impose them, what is our role in here?

Deputy Seán Crowe

I do not know how a person who has knocked down or killed a child on the road deals with it. It is beyond my comprehension to begin to imagine or understand how a family can move on from seeing their child being killed or seriously injured on the road. Like others, I pay tribute to the family of Jake Brennan, who are here tonight and who have campaigned so bravely on the issue. Road safety must be a priority for any Government.

Last year we saw the first year on year increase in the number of road deaths in Ireland since 2005. A total of 197 people lost their lives in 2014, a 4% rise on 2013. The figure is going the wrong way. Instead of going down, it is going up. There was a doubling in the number of fatalities among children, with 16 children losing their lives in 2014.

Drivers need to be more responsible. I include myself in that statement. They need to show more care on our roads but especially within housing estates where children play. We need more measures to protect children in housing estates, including in some cases speed ramps, and public education to encourage drivers to exercise extreme caution in areas where children might be at play but also to instil a greater awareness among drivers and road users.

The consensus here tonight is that a lone mandatory speed limit is paramount and the message is to slow down, reduce speed, especially in densely populated residential areas where children may be playing and an accident can easily occur. The speed limit in residential areas is 50 km/h. That is unacceptable to everyone, on every side in this debate. There is never a need to travel at that speed in a residential area. As an elected representative I see it all the time. If speed limits were drastically reduced and a child was unfortunately fatally hit by a car in an estate it would be clear that the person must have been speeding in order to cause that damage. That is part of what the Brennan family and the campaign is trying to do. This would make it easier to hold offenders responsible in the case of tragedies such as Jake’s death.

That is only one small part of what is necessary but a very important part. We need to be more inclusive in establishing fora for residents and public representatives to engage with local authorities on road safety issues and come up with working proposals around safety measures. That process needs to be encouraged. The underfunding and underresourcing of the Garda and how gardaí are deployed needs to be examined as part of this discussion. That has played a significant part in the recent increase in road deaths. Gardaí are needed in housing estates to catch the consistent offenders. This happens in many communities but there is a reluctance or inability to respond to that. Road maintenance is also a major issue as many local authorities have experienced significant cuts in grants. I have seen in communities in my area how sub-zero temperatures almost disintegrated road ramps allowing lunatics to speed or do whatever they like. The Government stated yesterday that it would not oppose the Bill but today it told the family that it will not support it or bring it forward. That is a pity. Leaving the speed limits to the discretion of local authorities does not work and the Government needs to act before more children die on our roads.

Deputy Gerry Adams

Ba mhaith liom mo chomhbhrón a dhéanamh le Rosie agus Chris Brennan, agus lena dteaghlach agus a gcairde atá ag obair leo ar an bhfeachtas in ainm Jake ar son ár bpáistí. Mar is eol dúinn, fuair Jake bás nuair nach raibh sé ach sé bliana d'aois. Gasúr óg ab ea é. The purpose of the vigil, where we have watched and joined Rosie and her family, has been to try to convince the Government to pass legislation on this very important issue. Reducing the current speed limit of 50 km/h to 20 km/h as a maximum speed limit for cars entering residential housing areas is a modest proposal. It is also sensible.

Two young nephews of mine were killed in a car accident. They were older than Jake and the circumstances were different but after years of conflict in which other family members were killed and some were injured there was an unfairness and dreadfulness about the loss of these two young boys. I know that Rosie and Chris and their clan will never get over the loss of Jake any more than my sister Margaret and her husband Micky have got over the loss of Micheál and Liam. We have the power to do something about this. We cannot bring back these children but we can prevent or minimise the possibility of other children being killed in these circumstances.

This State lags behind its European neighbours when it comes to issues of traffic laws and road safety. Many of these states have brought in lower limits for “home zones” such as housing estates. None of us would ever think of driving fast or driving over 20 km/h going through a playground. I have not heard one argument here that makes sense in opposition to this Bill.

Deputy Donohoe is a decent Minister. That is my sense of him in the limited dealings I have had with him, to judge by his demeanour in this Oireachtas. He says he is not opposing the Bill but Rosie told me that at a meeting which the Minister had with her and Chris he said he would not implement this legislation. The Irish Independent – not my favourite newspaper – ran a headline, “Jake’s law set to become a reality after government say they won’t oppose bill”. There is an expectation that this modest proposition will be carried through. I ask the Minister to do what he is mandated to do, to support this legislation, be a problem solver. There is a problem, a sizeable one when it robs a family of a youngster. A total of 262 children aged 14 years and under lost their lives between 1997 and 2012, and over 1,000 were seriously injured in road accidents that could have been avoided. I ask the Minister to review his position and to support this legislation.

Deputy Sandra McLellan

I commend Rosie and Chris and all those supporting this campaign who have been working tirelessly to lower speed limits and prevent future fatalities for other families. Since the launch of their campaign last summer they have managed to bring the issue of speed limits into the public eye. Their energy, commitment and efforts to effect change and prevent a repetition of their own tragedy for other families is admirable.

The hugely successful campaign, which has almost 18,000 “likes” on Facebook, has called for several measures to protect children in housing estates. This included the focus of our Bill, a 20 km/h speed limit in residential areas. It also proposed the provision of speed bumps and ramps in these areas. Education programmes to encourage drivers to exercise extreme caution in areas where children might be at play have also been promoted.

While Ministers have made commitments to work on the issues raised by the campaign there have been no firm commitments to reform the law so far, although an acknowledgement of the need for a review of speed limits in residential areas and housing estates to improve road safety for cyclists and pedestrians was made. The Department has recognised the importance of reducing speeds in housing estates but decided not to support this objective with lower speed limits. All the research shows that lower speeds in pedestrian collisions give a better chance of non-fatal and minor injuries. A 20 km/h speed limit in housing estates, if enforced, could make a difference in many cases stopping accidents from happening and preventing serious injury or death. Evidence also shows that reducing speed limits leads to a small reduction in overall speeds even when not enforced.

Many people are law-abiding and if the speed limit is reduced to 20 km/h, they will drive at that speed. Research by the National Highway Traffic Safety Administration of the United States found that the public responds positively to regulations aimed at public safety, especially children. This clearly also is the case in Ireland, where increased public awareness, enforcement and regulation has led to a dramatic drop in road fatalities over the past 20 years. I believe this Bill will further prevent future fatalities. It is vital that this Bill is not merely not opposed but is supported. If it is left to the discretion of local authorities, whose budgets are tight, the 20 km/h limit will never happen. It is the responsibility of the Minister to make this happen.

Minister of State at the Department of the Environment, Community and Local Government (Deputy Ann Phelan)

I thank the Deputies present tonight. This has been a worthwhile discussion and I thank all Members who have participated in this debate. I also wish to express my deepest sympathies with the family of Jake Brennan, who was from my constituency of Carlow-Kilkenny. I too know of the difficulty a family and parents face when they lose a child in such tragic circumstances.

In introducing this Bill, the Sinn Féin Deputies have raised an important issue. Of all the matters Members debate in this Chamber, nothing can be more basic than life-or-death issues and that is what road safety is about. In a time when deaths on the roads have increased again after a long decline, it is vital to examine thoroughly what can be done to reverse this trend. All are agreed on the goal, namely, reducing death and injury on the roads. There also is no disagreement or doubt about the importance of speed as an issue. Speeding makes collisions more likely and when they happen, speed makes them more deadly. Speeding always is unacceptable but there are particular dangers in residential areas, as each Deputy has noted. This Bill proposes a new default speed limit of 20 km/h in residential areas and a new special speed limit of 20 km/h that local authorities would apply in residential areas not covered by the default limit. In the longer term, home zones, as envisaged by the speed limit review carried out by the Department of Transport, Tourism and Sport, may well be one solution to this problem. However, they are very much a medium-term answer, involving as they do the design of complete neighbourhoods, rather than solutions to the problems of existing neighbourhoods. What is needed is to find ways of making safe the neighbourhoods we have, with their existing designs and road configurations.

As the Minister, Deputy Donohoe, indicated in his opening speech, following discussions with Roseann Brennan and the Jake's Legacy campaign, his Department last October issued a circular to local authorities on the control of vehicle speeds in housing estates. He has encouraged local authorities with advice and funding to opt for a 30 km/h limit in such areas. This is the lowest option available to them at present. At the same time, while the idea of a 20 km/h limit has merits, there are reservations on the question of making it obligatory. Different areas will have different needs and I believe it will be better to make available the 20 km/h limit to local authorities and allow them to retain the freedom to decide where it best applies. Sometimes, one finds that a local solution to a local issue is possibly the best. I also believe not enough research is available yet in this area. If a policy change like this is to be made, there should be a sound evidential base on which one can proceed. The speed limit review of 2013, while comprehensive, does not really offer guidance on this particular point. A little more time is needed to examine this matter further, ideally through a pilot scheme, before making a definite decision on the best way to proceed. This will provide the opportunity to study the practicalities and implications of providing for a 20 km/h speed limit in appropriate circumstances. The Minister, Deputy Donohoe, therefore proposes to address the issue of speed limits in residential areas in the forthcoming road traffic Bill 2015. The general scheme of this Bill was approved recently for formal drafting by the Government and shortly will be sent to the Oireachtas Joint Committee on Transport and Communications for pre-legislative scrutiny. I believe including a measure on speeding in that Bill will allow time for proper consideration of these issues.

In summary, the Government accepts the principle of introducing a 20 km/h speed limit and will provide, in legislation, for local authorities to apply this limit, where appropriate.

Deputy Caoimhghín Ó Caoláin

I am happy to speak on this Bill and hopefully to help Roseann Brennan and her family bring their campaign further along the journey to success. I have met Roseann and Chris today and have noted their family and supporters outside the Dáil over the past number of days. I must commend the tireless lobbying they have undertaken to help ensure that other lives, young and not so young, are not lost as Jake's young life was so tragically taken. In June 2014, Jake Brennan was six years old. He was knocked down outside his home. I understand the car that hit Jake had started its journey a short distance down the same street. Despite this, the momentum already built up caused Jake to be thrown into the air, which his mother witnessed. As a parent myself, I can only imagine the horror and pain this caused her, Chris and the whole family; a pain that might ease a little with time but that never goes away.

Since that life-changing day, Jake's family has managed to channel their grief and sorrow. They have campaigned on road safety issues in order that other families do not have to go through the suffering they did. The campaign has focused on the introduction of a 20 km/h speed limit in housing estates, additional ramps, as well as educational programs. All Members have seen the Brennans, and have supported them in their respective ways, on their three-night vigil outside the Dáil, which will finish this evening. I understand that Roseann has had meetings with the relevant Ministers and some progress perhaps has been made. I state "perhaps" quite purposely, for while it appears the Government will not oppose this Bill, this does not mean it is committed to supporting it. If it truly supports the Bill, it must give it that support openly and commit to a timescale for enacting it. I implore the Minister to do this right here and now before this debate concludes.

The Sinn Féin Private Members' Bill before the House is now popularly and rightly known as Jake's law - and it will be. It aims to define a residential road and a housing estate, to allow local authorities to determine areas outside the definitions of the Bill for 20 km/h restrictions as they believe appropriate and to provide for a nationwide mandatory 20 km/h speed limit in housing estates. I appreciate this is a low speed but this must be the case in such built-up areas where children are at play. Much of the benefit of this Bill should come from drivers engaging positively with the legislation by adjusting their own driving and thereby reducing the numbers of injuries and fatalities in housing estates and on the wider road network. Further, this is not necessarily a question of enforcement. I understand that evidence suggests that reduced speed limits, even when not enforced, lead to a reduction in overall speed.

Ireland has seen a dramatic drop in road fatalities over the past decade but worryingly, the numbers killed and injured have increased in the past two years. Therefore, one cannot become complacent. Although the roads might never be totally safe, we can and must do more to further reduce the level of injury and deaths caused on them. While members of An Garda Síochána recently have been making early morning visits and arrests on the one hand, there has been an increase in road fatalities on the other hand that many, including serving members of An Garda Síochána with some of whom I have spoken, have put down to an under-resourced and understaffed force.

We must not forget there are many other measures that must be also taken. Almost half of those killed on the roads last year were not wearing seat belts. We also saw the alarming and very sad doubling of fatalities among children, of whom eight were pedestrians. An analysis of the national paediatric mortality database showed most pedestrian deaths in children occurred between the ages of one and four. Up to 45 child pedestrians were killed between 2006 and 2011.

There are measures all drivers can take. I appeal to all drivers to avoid speeding, to ensure they never ever use a hand-held mobile telephone while driving and always to wear a seat belt.

Not to put the Minister in an uncomfortable position, but there can be no other logical conclusion to the efforts employed by the Brennan family and their many supporters across the country. The focused debate we have had over these past two nights has heard voices unite across the Chamber in open recognition of the merit and appropriateness of this Bill’s measures. Is gá ár mbóithre a dhéanamh níos sábháilte le cinntiú nach mbainfear daoine agus páistí uainn agus iad i mbláth na hóige. larraim ar na Teachtaí ar fad tacú linn agus tacú le Roseann an feachtas a chur chun tosaigh arís.

Deputy Mary Lou McDonald

Given that the Minister of State, Deputy Ann Phelan, made the response this evening, I am happy to afford the Minister, Deputy Donohoe, a minute now if he wishes to avail of it to confirm he will actively support this legislation and its passage through Committee Stage and onward to the Statute Book.

Minister for Transport, Tourism and Sport (Deputy Paschal Donohoe)

I just want to take the opportunity to reiterate what I said last night. It was outlined by Deputy Jonathan O’Brien. While he did not agree with what I said, he did go through in some detail what I said last night, for which I thank him. Last night, I was very clear to the House that I do support the introduction of a lower speed limit of 20 km/h. Based on all the experience that I and my Department have had in making our roads safer, those who are best placed to actually implement those laws are local authorities. I actually outlined the reasons for that too. Last night, Deputy Brian Stanley said this must be done through councillors, blanket speed limits are not logical, speed limits must fit the road and residential areas must be defined locally. Those were the words of a Sinn Féin Deputy on this matter last night.

I am happy to repeat that I believe the option of a lower speed limit can play a role in making our roads safer. I also believe, however, that those best placed to implement that law are local authorities.

Deputy Mary Lou McDonald

I thank the Minister. His minute is up.

Deputy Paschal Donohoe

Deputy McDonald was good enough to afford me the time. I outlined very clearly what my stance is on this matter here last night. I have done so continuously on a matter which I know is very important. Like every other Member, I want to do all I can to make our roads safer. However, I have to put in place laws that I am confident will work and can build on the successful experience we have had to date in making our roads safer. I thank Deputy McDonald for the opportunity to state that tonight.

Deputy Mary Lou McDonald

I was happy to afford the Minister the opportunity to outline his position. I am, however, disappointed he parroted the same rhetoric yet again. He did that against the backdrop of an absolute unanimous view in this Chamber that it makes good common sense to have a mandatory speed limit of 20 km/h in housing estates, whether public or private. It is good common sense because in all housing estates many of the residents are young families. That means children will be out playing chasing, cycling their bikes, hurling a sliotar or playing a game of football. In the absence of a mandatory low speed limit of 20 km/h, those children are endangered. It is not rocket science. Anybody with an ounce of wit who has even visited such a housing estate, much less lived in one, could tell that as a solid fact. I put it to the Minister, the Minister of State and their colleagues that if they maintain this passive approach to this legislation, they will be endangering the safety of children. It is that simple.

The Minister of State spoke about local solutions to local issues. The experience is that local authorities, despite having the discretion to lower speed limits on housing estates, have not done so bar in a very limited number of cases. That is over a period of 11 years which the Minister’s colleague confirmed in a review he carried out. The Minister knows the discretionary option has not worked.

The Minister of State spoke about having a sound evidential basis for reducing the speed limit. What about the evidence in the Visitors Gallery? The Brennan family who are in the Gallery buried their six year old child. The reason that happened was a mixture of the most awful misfortune and human miscalculation but also because of the absence of appropriate speed limits in the estate in which they live. It was not some act of God. It is not acceptable for us, on the one hand, to express our condolences to the Brennan family and then, on the other, to say we recognise in principle something should happen but we are not prepared to do it. That is not an acceptable position for the Brennan family. A speed limit of 20 km/h is very low. It has been deliberately chosen at that level because drivers should be only crawling into and snailing their way out of residential housing estates. Common sense tells us that should be the case.

The Minister says, on the one hand, that he will not oppose this legislation but, on the other, he has made it very clear this evening that he will not give it his active support. Where does that leave us? Where does that leave Government backbenchers who sincerely and honourably set out their stall, recognising speed limits need to change? More importantly, where does it leave Jake Brennan’s family and the other families in question? Last night, I spoke about Rita Malone and her eight year old son Oran from County Clare. Oran, fortunately, survived his accident but was badly injured. The event was absolutely traumatic for his family.

Rita, Rosie and the family, as well as other families, will tell the Minister that when an incident is investigated, the working assumption is that the child was at fault. One of the most compelling reasons for a mandatory reduction of the speed limit in residential housing estates is that if there is an accident that causes a catastrophic injury to a child, or worse - death - the starting point in the investigation and the first question to be asked will be how was it possible if the driver was obeying the proper speed limit of 20 km/h. Does the Minister see how it would change entirely the investigation and the outcome? Does he see how it would shape behaviour and attitudes and how it would keep children safe?

I really do not know why the Minister has dug his heels in on this issue. I am not sure that it is, but it might be about money or the price of signage. I can tell the Minister of what I am sure and what his own researched has proved, that the discretionary approach is failing badly. It failed Jake Brennan and his family. It has failed other families and, in the absence of the Minister enthusiastically supporting the legislation through Committee Stage and beyond, will fail others. I do not want any of us to have to stand here and ask ourselves, the Minister or the Minister of State why we have had another such scenario. We have an opportunity to correct a deficiency in the law. Why, in the name of goodness, will the Minister not seize it? If he imagines for one second, as I said to him last night, that this issue is going to go away, that the Jake legacy campaign or that the demand for Jake's law is going to go away, he is very badly mistaken. There is massive public and popular support for this initiative. The reason is - the same reason there should be unanimity in the Dáil Chamber - it makes sense and because it is necessary. None of us ever again wants to look into the eyes of a parent who has lost a child in a housing estate in these circumstances, knowing in our hearts that we did not do everything possible to minimise or avoid the possibility of that tragedy happening.

Question put and agreed to.