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JOINT COMMITTEE ON TRANSPORT debate -
Wednesday, 23 Sep 2009

Road Safety: Discussion with Road Safety Authority.

The next item on the agenda is a discussion with Mr. Noel Brett, chief executive officer of the Road Safety Authority. I draw the witness's attention to the fact that while members of the committee have absolute privilege, this same privilege does not apply to witnesses appearing before the committee. Members are reminded of the parliamentary practice that they should not comment on, criticise or make charges against any person outside the Houses or an official, either by name or in such a way as to make him or her identifiable.

I welcome Mr. Brett and propose that the joint committee should hear a short presentation, to be followed by a question and answer session.

Mr. Noel Brett

I thank the Chairman. I do not propose to go through my submission in detail but will highlight some headlines for members. I last appeared before this joint committee in January 2009 and there has been significant progress to report even thus far this year. The current position is that road fatalities in Ireland is an enormous issue. From 1 January 1980 until 9 a.m. this morning, 13,002 people have lost their lives on Irish roads. To put the enormity of the problem in context, that is the equivalent of 36 747-type aeroplane crashes in which all the occupants were killed. It is four times the number of people who died in the Troubles in the North of Ireland. I estimate that between today and New Year's Eve, a further 75 to 80 people will lose their lives on Irish roads if we continue at the current rate. Moreover, that estimate rules out major catastrophes such as a major bus crash or a huge motorway collision involving multiple fatalities. Therefore, even at the current rates, a further 75 to 80 people are likely to lose their lives on Irish roads between now and New Year's Eve.

That said, 2008 saw the lowest number of people killed on Irish roads since records began. The public policy the Oireachtas is following in respect of its legislation has saved lives, particularly in the past three years, and continues to save lives. The effort is cumulative and the task we face in road safety is like assembling a highly complex jigsaw. It is not a choice of one measure or another but is a case of needing all the measures. There is no single silver bullet that will solve all our problems. The Oireachtas has taken some very tough decisions on issues such as licensing reform, the introduction of mandatory alcohol testing and the dedicated traffic corps, the roll-out of penalty points and several other initiatives. Consequently, Members have put in place many of the key jigsaw pieces that have saved and are saving lives.

Table 2 of my submission is a graph demonstrating road fatalities between 1980 and 2008. It shows how with some interventions, the death rate drops quite quickly but that, unfortunately, a plateau effect can happen. For example, the compulsory use of safety belts was introduced in 1990. While it was not popular at the time, it undoubtedly saved lives. Mandatory breath testing for alcohol was introduced in 2007, which undoubtedly also has saved lives and so on. The marked change that took place in 1998 coincides with the first-ever Government road safety strategy. The second road safety strategy was launched in 2002 and at present we are three years into the current road safety strategy. The strategy and public policy being laid out by the Oireachtas undoubtedly is saving lives.

Internationally, Ireland now is the sixth safest member state in the European Union. When I first began to appear before the joint committee, we were down in 16th or 17th place. I am pleased to note that internationally, Ireland is beginning to be recognised as a country within Europe that has in place the correct policies. Yesterday, we hosted a 13-member study delegation from Finland. A delegation from Bulgaria is due to visit in October and we have had a deputation from Israel. We have presented the road safety strategy to the Spanish Ministry and on Monday next, we will speak at the RoSPA annual conference in Wales. Ireland's reputation internationally certainly is up there and our policies are perceived to be working.

I draw members' attention to page 8 of the submission, which contains five-year fatality data by county. The last time I appeared before the joint committee, we only had one year's data but we now have analysed five years' data. The darker colour shows the counties with the highest date rates per million of population. The Border counties have particular problems.

Page 8 also lists serious injuries, with the Border counties highlighted as well. This highlights the need to bring enforcement and education to the areas with the greatest need, but it also highlights some of the shortcomings the committee raised previously, such as dealing with out of State drivers and the mutual recognition of penalty points. The data shows that these are the right measures with which to proceed. While Ireland and the UK can bilaterally deal with disqualified drivers, there must be action at a European level to address the mutual exchange of penalty points, as it is not a possibility for the two countries.

There was a decrease of 19% in fatalities in 2008 on 2007. In the 1998-2008 period, our population increased by 19%, the number of registered motor vehicles increased by 65% and the number of licence holders increased by 36%. However, given the public policy being pursued, our death rate has dropped by 39%. It is important that we not only discuss numbers, but that we remember, given the stated increases, that exposure on the road has increased, yet we are saving more lives than ever.

My submission shows members the reduction in 2008 over 2007. Last year saw a 9% reduction in the number of motorcycle fatalities and a 23% reduction in passenger fatalities. As 31% of all people killed were between the ages of 17 and 24 years, that age group is still a problem. The greatest reduction last year was a decrease of 42% in the number of pedestrians killed on our roads. We would argue that this was directly related to public education, enforcement, the training of drivers through the use of properly approved driving instructors and our campaigns. For example, we distributed 600,000 high-visibility vests last year free of charge. The culture among pedestrians is changing, but there is more to do, particularly in urban settings.

I draw the committee's attention to information on page 14 regarding the types of collision in 2008. Some 37% of all fatal collisions were single vehicle collisions, predominantly down to loss of control. While there may be many factors involved, the main factor is excessive and inappropriate speed for the road conditions and the competence and experience of the driver. Other factors include alcohol, driver fatigue, drug impairment and, in some instances, acts of sheer recklessness involving novice and inexperienced drivers.

Drawing on the Goodbody Economic Consultants' report, the cost of all fatal and injurious collisions in 2008 equates to €1.38 billion, approximately €3 million per collision. The top of page 15 shows the different costs for fatal, serious, minor injury and material damage collisions. Ireland does not have good figures on the economic cost of collisions, by which I mean social and economic disruption. This morning, a large part of Limerick city was closed because a large truck shed its load on the new ring road overnight. Whenever the M50 or any road into a regional town is closed because a truck sheds its load or there is a collision, there is an economic cost for the businesses and people in those areas. We are working with the Department for Transport in London on devising a model to give the committee relevant data, but the economic cost is significant.

The graph on page 16 shows that Ireland has moved into sixth place in Europe behind Germany, the Netherlands, the UK, Sweden and Malta. Last year, 63 Irish citizens per million were killed. There is no reason that Ireland cannot be the best, as many of the essential measures are in place. Big ticket amounts of money are not required. Rather, we must consolidate policy, finish the work and hold agencies such as mine to account for delivery, as there has already been phenomenal investment. In the past three years, €26 million has been invested in the driver testing backlog. When we started this endeavour, the average wait for a driving test was 69 weeks, but it is now ten weeks. Of the 50,000 current driving test applicants, 21,000 have their test dates in their hands. The situation has changed and anyone who wants a driving test can usually get one. Some of the legacy issues with which the Oireachtas and the RSA grappled have been put to bed. The investment has been made. The plea now is for accountability, delivery and follow through. We must not become complacent.

Our worst year was 1972 when 640 people were killed. Last year was the best year ever, but this year so far has been even better. I have provided a preliminary analysis on pages 17 and 18 with the most up-to-date figures possible. The top of page 18 shows the ages involved in road collision fatalities this year up to this morning, with some 34 people in the 21-25 age group. We must focus on that group. We are doing well with younger people, but five children under the age of five years have died, two of whom were car passengers and the remainder of whom were pedestrians. This is a disappointing figure, but it is a marked improvement. We are making progress, but more remains to be done with the younger age groups, particularly among men and motorists. Older drivers and pedestrians present an issue, although it will only start to kick in as we approach winter, which is when problems increase among that age group.

In terms of road user types, 90 drivers have been killed on our roads this year as of this morning, 27 pedestrians, 24 motorcyclists, 23 passengers and seven pedal cyclists. Pedal cyclists are predominantly being killed in Dublin city and large urban areas because of the blind spots of trucks and buses making left-hand turns.

May has been the worst month this year so far. I draw members' attention to page 19. The two-hour time slot between 6 p.m. and 8 p.m. has seen the most people killed, 22 in total. The worst time of the week remains the Saturday night-Sunday morning period.

In terms of contributory factors, many people who try to comment on road safety try for simple solutions. If I speak with older people, they say that it is down to boy racers. When I speak with younger people, they say that it is down to older people who cannot drive properly. People claim that it is down to drug driving or alcohol. However, there is rarely one factor. It usually involves a complex web of factors.

Speed remains the greatest contributory factor on our roads. Judging by Garda investigations between 1997 and 2007, 1,107 people were killed in speed-related collisions and a further 3,300 people were seriously injured, sending them into the health service and possibly long-term care. Using the Goodbody model, the economic cost to society of speed-related collisions in that period was €350 million.

Speed at the point of impact determines the outcome. Speed-related collisions occur on the same stretches of road. The sooner we have privately operated safety cameras in situ and enforcing with the public aware of them, the better. For every week that those cameras are not present, collisions will occur. There is no doubt but that dealing with speed enforcement will significantly reduce our death and injury rates. The Garda Síochána’s traffic corps has ramped up its enforcement and taken the delivery of new equipment, but even that is not enough and the corps is unable to handle the number of sites involved. I am disappointed that we have not got safety cameras in place. The sooner they are in place, the better. As the weeks go by, there will be more collisions, each of which has a human and economic cost. Alcohol is a contributory factor in four in ten collisions on Irish roads. The literature on the effects of alcohol is extensive and there is absolutely no arguing with that, although vested interests try to argue that collisions have nothing to do with alcohol but with other issues. It is a complex mix of issues. I can point to 112 scientific works that have been peer-reviewed and these show that impairment starts with very low levels of alcohol. In laboratory conditions, people show signs of impairment with a level of alcohol much lower than 0.5 mg. I just received more research that examines other countries and I will pass that on to the clerk.

The major issue when driving is impairment and it is different for every single one of us. There is no one size fits all, we all metabolise alcohol in a different way. It depends on the amount one drinks, one's mood, the amount one has eaten and how tired one is. There is no doubt in the literature that ten of the 11 functions required to drive are proven to be impaired in laboratory and road tests at the level of 0.4 mg, correlating to a blood alcohol concentration of 40. Hence, our recommendation of moving the limit to 50.

The recommendation to change to 50 is based on the answers of every item of scientific research we could find, both for and against. The leading medical, crash prevention, public health and traffic safety organisations around the world recommend a blood alcohol concentration level of at least 50. This includes the World Medical Organisation, the American and British Medical Associations, the European Commission, the European Transport Safety Council, the World Health Organisation and the American College of Emergency Physicians. There is no doubt that if Ireland reduces its blood alcohol concentration level to 50 for all drivers, and further to 20 for novice drivers while learning and in the first two years of driving and for professionals such as bus drivers, taxi drivers and truck drivers, we will reduce the number of collisions and their severity. The literature supports this idea and the evidence is available.

The task of the Road Safety Authority was to examine the evidence and make our recommendation. We have made a recommendation and it is important that all sides of the argument are heard. I would like to have a full session with the committee to go through all the evidence, for and against. It is a topic that requires the literature to be understood.

The history of breath alcohol limits in Ireland is interesting. Until 1968 there was no limit. The Davitt commission sat in 1961 and recommended a blood alcohol concentration level of 125. This was not implemented until 1968. As part of the recommendations, two members submitted a minority report. One was a professor from Trinity, one from UCD. At that stage they claimed the evidence suggested the limit should be 50 but 125 was chosen. In 1974 the limit was set at 100 and in 1994 it was reduced to the current level of 80. It is interesting to examine the media coverage at the time and the debates in these Houses. The same idea was put forward each time. I read one Dáil debate where it was argued that 40% of pubs would close if the limit was reduced to 80. That did not happen and it will not happen this time. It is a policy measure that I strongly suggest people examine. The debate should happen and the task of the Road Safety Authority in a democracy is to present the evidence. It is the task of the Oireachtas to decide the appropriate level. If the committee is minded, I would like to host it at my offices or I can return here to go through the evidence page by page. The committee may wish to consider those who published research internationally or in Ireland. I can revert to this if the committee wishes.

We are increasing the safety belt usage rates. We have among the best rates for use of safety belts in the front of vehicles in Europe. In the back of vehicles it is not as good but it is improving. Not wearing safety belts is particularly an issue among young teenagers. Use of safety belts on school buses is of serious concern to me. Primary school children are wearing safety belts but, once they move to second level school, it is no longer cool and the belts are not being worn despite the lessons from Kentstown and the fitting of safety belts on all such school buses. The level of vandalism, including cutting belts and the breaking of the belt mechanism, is significant. We are struggling getting that message to young people and we must redouble our efforts with parents, schools and young people.

Driver fatigue is one of the main contributory factors to 20% of fatal crashes in Ireland. The best evidence is from Professor Horne at Loughborough University and shows that driving while experiencing fatigue is as dangerous as driving with a blood alcohol concentration level of 80. I am disappointed to hear that the serviced rest areas are not proceeding as fast as they might. Anyone who leaves Dublin driving a heavy goods vehicle, a coach or a car needs a break by the time they have driven one or two hours. There are not enough safe and secure places for men and women, whether social drivers or commercial drivers, to stop and take a break. In hours of darkness, particularly with motorways and dual carriageways, people do not know where to go, what towns to turn into, where to park and where one is safe. Many local authorities have erected barriers to deal with problems of illegal camping on what were traditionally lay-bys. I understand the problems local authorities have but this has deprived commercial vehicles of a safe place to park. We could easily return to the 1960s, with people crashing into unlit parked trucks. We have had this in the past and we cannot go back. I make a strong plea to get public private partnerships or some way to get safe, secure parking areas opened up. There are commercial opportunities here. One sees safe places where people can make money if they offer services to travellers and trucks.

Drug impaired driving is an issue we referred to on the last occasion. Professor Cusack, at the Medical Bureau of Road Safety, is the best person to talk to the committee about drugs and driving in Ireland. He has published research and he has access to toxicology reports. The forthcoming road traffic Bill includes action on the introduction of field impairment testing. Gardaí could require drivers at the roadside to undertake a field impairment test. I am told the training programme has been finalised to train gardaí in the traffic corps to recognise the signs and symptoms of drugs. This will assist at the roadside so that they can go on to require a urine or blood sample. There is still no reliable, robust handheld roadside device. Various devices are being piloted but the range of drugs is such that it is difficult. Legislation has been passed and blood or urine samples will address the issue. Gardaí will now be trained in drug recognition at the roadside and hopefully the Bill will provide the field impairment testing, which is important. We cannot wait for a magical handheld device.

Members of the Garda Síochána will be able to explain the content of the training and the prosecutions they have had so far. Successful prosecutions have been undertaken for drug impaired driving. The challenge for the Garda Síochána is first to prove the presence of the substance, such as cannabis, cocaine or amphetamines, and then to prove that the driver was impaired. Knowing that heroin or cocaine was in the body is not enough to have a driver disqualified; impairment must be proved. Many countries have introduced per se legislation, meaning that the presence of a substance at a particular level is enough. Our legislation on alcohol is per se legislation because if the blood alcohol concentration is above a certain limit the Garda Síochána does not have to prove impairment. Per se legislation in respect of drugs would be welcomed by the Road Safety Authority. This must be done by the Department of Transport, the Department of Justice, Equality and Law Reform, the Medical Bureau of Road Safety and the Garda Síochána. We will participate in trying to get this work done, which would make the job of the Garda Síochána much easier. It would act as a serious deterrent to someone who has consumed drugs, whether they be prescription drugs, over the counter drugs or illegal drugs. It is important that we do not wait several years for something to be developed. Hand-held devices undoubtedly will be introduced, whether based on testing saliva or another method deemed appropriate by Professor Cusack and his experts, but we can take certain steps in the meantime.

When I last appeared before the committee, I noted that the budget for our drug awareness programme had been removed in 2008. I was specifically invited to speak about budget reductions today. Unfortunately, our budget has been further reduced by €2.4 million and I am not in a position to run an anti-drug driving awareness campaign in 2009. However, prices for advertising have significantly decreased and we are now able to buy TV, radio and cinema slots for much less than was the case when I last appeared before the committee in January. We are making up ground in that regard. We are not able to produce our own material but I am considering advertisements produced in Australia and the UK with a view to purchasing and redubbing them in Ireland. I am confident that we will put in place an anti-drug driving campaign in the early part of 2010. It is a glaring gap in our education efforts.

The HSE could do much more through its public health function to make young people and parents aware of the various drugs currently available, the impairment they cause and their signs and symptoms. Unfortunately, many young people are engaged in polydrug use. For example, they are ingesting cocaine before drinking a bottle or two of lager in a nightclub or smoking cannabis to bring themselves down. The combination of these drugs creates certain issues. Imagine the difficulty of testing for a combination of cocaine, alcohol and God knows what else. Professor Cusack's work has shown this is a serious issue among young Irish men and women. I am sure gardaí would testify that it also causes public order issues in towns throughout the country but it definitely is a problem in respect of driving. Good education backed up with enforcement is needed. It would be folly to await the introduction of some sort of magical device. We have enough with which to proceed. I am pleased to be told that field impairment testing is provided for in the road traffic Bill 2009 and that the syllabus for training has been agreed. Perhaps the Garda or Professor Cusack can address the matter in more detail.

In regard to road types, we welcome the opening of several new motorways and dual carriageways. These are the safest types of road because vulnerable road users are segregated and drivers do not have to turn right across oncoming traffic. However, I caution members that 3% of fatalities in 2007 were attributed to road conditions. In harsh economic times, I am concerned that road maintenance, including road surfaces, signing and lining, gritting, traffic lighting and verges, will slip down the agenda. Some of these works are old fashioned and low technology but if they are not done we will see an increase in road factor related collisions. Managing that risk is a challenge for local authorities but maintaining what we have is more important at present than building new roads. The phenomenal investment over several years has saved lives as well as shortened journey times but we need to find ways of maintaining the quality of the network.

The Oireachtas has given us permission to proceed with many elements of the road safety strategy. The rules of the road have been published in five languages and in interactive formats. We have made good progress in reforming the driver licensing regime in Ireland. This was not popular at the time but people can see in hindsight that 200,000 fewer people are on learner permits now than was the case two years ago. A mere 50,000 people are waiting for driving tests and only 21,000 have not been given dates. We have regulated the driving instruction industry. Last year we conducted 474,000 driving tests and so far this year we have conducted 111,878. We have conducted more tests than we have had applicants this year. We are pleased to be in that position, particularly given that so many young people are leaving the country. It is important that they can get a driving licence either to travel or to find employment.

The driving instruction industry was previously unregulated and anybody could claim to be a driving instructor. We have now developed a fully accredited driving scheme and anyone who teaches driving for reward must be registered with the Road Safety Authority. Instructors have been vetted by the Garda and are of good repute. Their cars must be fit for purpose and insured, they have undertaken a three-part exam comprising theory, practice and ability to teach and they are all tax compliant. This is a phenomenal step forward in respect of people who in many cases have been teaching for 20 or 30 years. In fairness to them, they rose to the challenge. There are 1,623 fully registered driving instructors in Ireland and a further 967 are undertaking the three-part exam. On a word of caution, however, there is a risk of oversupply in some areas. Some people enter this trade thinking that money can be made from it but some areas have too many instructors for the available level of business. People should do their market research before they enter the business.

In terms of whether the case has been proven for regulating the driver instruction industry, I would answer "Yes". Of those who took the theory test, 26% failed. Is it any wonder that 50% of people fail their driving tests if their instructors did not know the theory? The good news is that 74% passed. Approximately 20% failed the practical test and a smaller number did not display evidence of the ability to teach. However, we can now be confident that instructors are of the top quality. They receive a FETAC level 6 qualification which is internationally recognised. That is a critical building block in introducing compulsory basic training because once we know we have quality instructors we can require learner drivers to complete the syllabus with approved instructors. That is the case in most other European countries.

Graduated driver licensing has received considerable media coverage in terms of whether we would recommend night-time curfews but that is not our thinking. We published a consultation document which explicitly sets out all the factors we could find around the world for graduated licensing. These included restrictions such as reduced alcohol levels, night-time curfews for learners, increased penalty points, hazard perceptions and limits on passengers. Our recommendations will include reducing the alcohol level to 20 mg for all learner drivers and increasing the number of penalty points for drivers while they are learning and in their first two years. Our intention is to create a culture of compliance rather than recklessness or speeding. We also want to introduce hazard perception testing as part of the driver theory test, which is the practice in the UK and elsewhere. We will make the driving test more comprehensive so that it will address night-time and motorway driving.

I do not believe more restrictive measures such as curfews or a ban on the carriage of passengers are appropriate in Ireland. Given the make up of our country, and rural areas in particular, such restrictions would prevent compliant young people from commuting to college or work. While they are in place in other countries, I do not think a case can be made for them here. However, I would love a judge to have the ability to impose a night-time curfew, engine size restriction or passenger ban on a learner driver who has transgressed by engaging in reckless behaviour. The vast majority of young people have made huge strides in using the roads safely and we should not penalise them. We hope to bring our formal recommendations to the Minister by the end of October. Primary legislation will be required to give a Minister power to add these conditions to licences.

We have carried out a very detailed consultation on drivers' fitness to drive. This concerns the issue of older drivers or people with disabilities. We have been working very closely with the driver licensing authority in the UK, the DVLA, which has agreed to allow us use its medical procedures manuals. We had good submissions back from the epilepsy groups, Age Action Ireland and other bodies. We hope to be able to promote mobility and allow as many people as possible to continue driving for as long as possible. We also hope to give the medical profession more guidance on what aids, assistance and adaptations can be given to motorists to keep them mobile rather than restricting them. We hope to bring forward our formal recommendations to the Minister by the end of November 2009.

Driver vocational training comes from a European directive which all European countries are required to implement. Every bus and truck driver must not alone have a basic driving licence but have continuous professional development. The regulation came into effect for buses and coaches on 9 September 2008 and two weeks ago for truck drivers. The directive requires that every such driver would do 35 hours every five years and in Ireland we have gone slightly further by breaking this down and mandated seven hours every year. We were fearful all the training would be left until the last year and the training industry could not survive based on people trying to do it all in one year. That is the experience we have had with some other interventions. I am pleased to report that this is being implemented in full and on time and the syllabus is well regarded in Europe.

I have outlined the various actions we are taking with public awareness campaigns in the document; I do not want to spend too much time going through all these pieces. I have touched on the blood alcohol level issue, as well as speeding. The national car test has driven up the standard of maintenance of the privately owned Irish fleet. It was massively unpopular when first implemented but I am confident in saying it has driven up the standard of the fleet.

Compliance with the national car test and enforcement of roadworthiness was clearly not what it should be. It is believed that in 1.5% of the fatal collisions in 2007, the main issue was a vehicle factor. When the changes were announced by the Minister in April there was a flood of people trying to book NCTs and with 69% of the people who came forward to book a test, their certification had been expired for more than a year or even two. Those people are now in the system and although there are pressures in a number of test centres in getting people through, there are staff in place and the issue will be dealt with.

The current provider of the NCT is an Irish company called SGS Ireland, which is a subsidiary of a Swedish company. It had a ten-year contract worth in excess of €400 million to that company. We were obliged to carry out a public procurement process and a new company will be taking over on 4 January. That company is Applus+, a Spanish company which is one of the biggest vehicle testing companies in the world. We are busy dealing with the transfer of the service and the introduction of some new items into the test. For example, from January there will be a testing of the noise emissions from vehicles in order to deal with the scourge in housing estates up and down the country where people are being kept awake at night by noisy modified exhausts. People may be harassed or bullied on the road by people with those types of vehicle.

We will also be testing the opacity of windscreens to deal with excessive tinting. This is important because at the scene of an incident the gardaí may not know how many people were in a car and if a person is cycling, walking or on a motorcycle, it is not possible to make eye contact at a junction with the driver if the windows are blacked out. There are real road safety issues and it is not just a case of trying to inconvenience people.

A certain level of tinting will be allowed but too much tinting is not good. Trying to look through excessively tinted windows at dusk and early morning is like driving at night with sunglasses on; it does not make sense. It may become a fashion sometimes. The Garda is currently out to tender for hand-held opacity and noise meters so they can follow up on the roadside the standard we are setting at the NCT. There will be people who will change an exhaust, do the NCT and then put back on the other exhaust, and the gardaí will now be equipped to deal with them.

I have much sympathy for a garda trying to deal with an excessively loud vehicle because he or she may be in court trying to argue that a car was noisy and the defendant would argue the opposite. With new noise meters, they will be able to determine the noise level in decibels. Anybody who has a car with the type of exhaust fitted when the car was made has nothing to worry about but the person who fits a "paint pot" exhaust will have to worry about it.

Deputies asked me about the use of agricultural and work vehicles on the public road. We made our recommendations to the Department of Transport and we await direction.

I assume those vehicles can still move along most of the roads.

Mr. Noel Brett

The recommendations have been made and hauliers, farm machinery salespeople and contractors and farmers will find them accommodating. We hope to progress the issue as quickly as possible. We are very mindful that we live in an agricultural country and we must try to balance safety with accessibility. I assume the Minister will publish the recommendations when he has considered them fully.

We have carried out other work since I was last here. The review of weight limits of motor vehicles is complete and has been submitted to the Department of Transport. That deals with larger trucks and the maximum permitted weight limits. There is now in place a national permit system for abnormal loads and the movement of wide and long loads around the country. Instead of having to go to every local authority, somebody moving wide and long loads can go to a central point in Garda headquarters to get a permit. This applies to all national routes and the ports in Galway, Drogheda and Dublin.

That is important but we must broaden it to the rest of the road network. It has removed significant cost from the industry because people do not have to get a succession of permits from different local authorities. The gardaí must shorten the time in which they turn those permits around and we would like to see the process rolled out to non-national roads. There are issues involving culverts and bridges etc. that must be surveyed and it is important for us to remove barriers to industry and not load administrative costs. Although we are promoting road safety, we should also try to remove costs on Irish industry.

Whole vehicle type approval is now in place in Ireland, which means there must be a type approval for a vehicle being sold. We do not have a vehicle manufacturing industry but we have significant players in coach building; these deal with ambulances, fire engines and buses, and it is important there is whole vehicle approval in order to sell into Europe. Ireland introduced this process in full and on time as if we had been delayed, there was a risk that some of our exporters would be in trouble.

I will not go through everything in the document. We now have high quality programmes in place in preschools, in primary schools at junior and senior cycle, in secondary school at junior and senior cycle and in every third level college in the country, where there are quality taught programmes. We have rolled out a workplace road safety programme jointly with the Health and Safety Authority and that is in workplaces across the country. By late October we will have a community programme available in rural communities run in partnership with Muintir na Tíre, and that will run over three three-hour sessions. We have made significant progress in bringing road safety education right through the life stages for people.

Big improvements have been made and there is no doubt that Ireland is now seen as one of the best practice road safety countries. It is sixth in Europe and I have listed the kinds of people coming to look at us. Victoria in Australia is carefully considering our road safety strategy, how it was devised and how it is monitored. Countries which Ireland was looking to are now beginning to look to Ireland, and we should acknowledge that the vast majority of Irish people have made significant changes in their behaviour. We should take this opportunity to acknowledge that Irish people have taken road safety seriously, and it has and will continue to save lives so long as we do not become complacent.

There is a strong level of partnership working across all agencies, with the Garda working very closely with customs, for example. People have grasped this and can see the fruits of this labour. Today there are 38 fewer people dead on the roads this year than the same day last year. We are ahead of our targets in meeting the current Government road safety strategy. When it was written in 2006, just under 400 people had been killed on the road in the year, and people told us we were crazy to have a strategy with a target of 250 road deaths in a year. It was always a stretch target. Undoubtedly, the economic downturn has contributed to the lower number of deaths because there are fewer journeys, but I am confident in saying the policies and legislation enacted by the Oireachtas and the committee are saving lives, and others are now starting to follow them. There is no doubt the policy mix we have is evidence-based and demonstrably proving its effectiveness in saving lives, preventing serious injuries and avoiding economic and social cost and trauma. The progress made to date could mean that Ireland is one of the few countries that could, in theory, meet the European target for halving its number of deaths. If we keep going as we are and repeat it next year, this could be the only country in Europe to hit that target. However, it will only happen if we follow up with all the measures mentioned.

We must reduce the blood alcohol limit and introduce mandatory testing of all drivers involved in collisions. This must happen. We must roll out the safety cameras, continue with all the measures implemented and maintain the level of enforcement. Unfortunately, it is a fact of human nature that if the level of enforcement drops, good behaviour also drops. The purpose of enforcement is not to catch people. We need to see high levels of enforcement and low levels of detection. It is important that the measure of performance for the Garda Síochána and my own enforcement staff is not the number of prosecutions but number of interventions — the number of speed checks, interceptions, discussions with young drivers, breathalyser tests and drug tests. The higher the figures the better. However, we also need to see low levels of detection. Unfortunately, success for police forces internationally is traditionally measured in the numbers of arrests and prosecutions. In road safety terms, if the number of penalty points is high, they are shooting fish in a barrel, while if fewer are incurred, they are not doing their job. We want to see more of a focus on the volumes of enforcement and fewer detections. When the privately operated safety cameras are in place, I will be primarily interested in how many cars have their speed scanned and I am hoping to see low numbers of motorists caught.

Similarly, with mandatory alcohol testing, I am pleased to hear that 30,000 people a month are being breathalysed and I am starting to be heartened as I see the number of arrests decreasing. It was at 2% but is now down to about 0.5%. However, in my own county the District Court judge, Mary Devins, said last week she would increase the penalties for drink driving because the number of people coming before her was increasing. In my Garda division every Monday morning the local superintendent issues a press release of the number of arrests in the previous seven days. Unfortunately, in recent weeks, counting backwards, the numbers were 13, ten, seven, nine and six. The numbers are going up. Judge Devins commented that she was seeing more and more young drivers, which she felt was disappointing. Clearly, enforcement is important.

Tough decisions are required on speeding, impaired driving due to the use of alcohol and drugs, reform of driver licensing, maintenance of the built environment, including roads, cycle tracks and pedestrian ways, building more cycle tracks and, particularly, maintaining the condition of the national fleet. With fewer new commercial and private vehicles on the road, we need to make sure vehicles are kept in good condition. I am told the vehicle lubricant market — that is, gearbox oil and engine oil — has decreased by 60%. I do not know that for sure but I was told so by one of the companies which distributes these products. This indicates to me that there is less servicing and people are not looking after their cars. Sales in the tyre market are well down. We have a generation of people who perhaps always had company cars or bought a new car every two years, who never had a car long enough to change the tyres or seek a first service. These are people with whom we must work. We are working hard with SIMI, Advance Pitstop and others to ensure people understand basic car maintenance and carry it out. This is something we would like to have taught as part of compulsory basic lessons for learner drivers in order that people know what to check. That is important.

In essence, what we need is five-star drivers in five-star vehicles on five-star roads, sharing the road properly with all road users.

We need a five-star Government also — a general election.

Mr. Noel Brett

I wish to mention, in particular, behaviour by and towards pedestrians and cyclists. There is a need to change the culture of behaviour by pedestrians and cyclists — for example, pedestrians using crossings and cyclists observing one-way streets and not cycling through lights — but there is also a need for a significant behaviour change by motorists towards vulnerable road users and, in particular, cyclists and pedestrians. That will happen through education and enforcement.

I draw the attention of the committee to the motor insurance sector which can do a lot more to support the national road safety and enforcement effort. I am talking, for example, about being more strict in the case of dangerously modified vehicles. They should not just keep offering insurance policies but go out and check a number of the vehicles in question. They should deal seriously with people who have large numbers of penalty points or who are off the road for drink driving, and not just sell the coat. I have engaged with the Irish Insurance Federation in this regard. It is not that I want them to engage in enforcement, but they could do much more in rewarding safe drivers and safe young people and making it more difficult for non-compliant drivers or those who use vehicles that are simply unroadworthy and dangerous. They could also do more in the commercial sector. Trucks that do not have current commercial roadworthiness certificates should not be insured. They should check these things when selling insurance and not just sell the policy. In the next few months I want to engage more robustly with the insurance sector.

On behalf of the Road Safety Authority, I thank the members of the committee, individually and as a committee, for their support, encouragement and oversight of our work. I will be happy to take any questions members may have.

I thank Mr. Brett for his presentation and congratulate the authority on its great achievements, work and enthusiasm. As on previous occasions, the representatives have provided a comprehensive report, for which we thank them.

We previously spoke to the representatives about the number of young people being killed on the roads. The pattern has not changed much. According to Mr. Brett's figures, 76 of the 163 people killed since August were between the ages of 16 and 30 years and 37% of these were in single vehicle accidents, starting with the tragic accident that took place in Tipperary on New Year's Eve. One of the points we put to the authority and the Garda on the last occasion was whether it was possible to bring forward the reports on these accidents as quickly as possible to provide the details of why they had happened. We have general statistics for cases involving excessive speed, alcohol and so on, but such information would be extremely useful. Has any progress been made in dealing with single vehicle accidents involving young people? Week after week we listen to the morning news and hear that yet another two, three or, in that case, four young people have been killed, often late at night, in single vehicle accidents in which cars went out of control. Is there anything that can be done to target this type of accident, particularly in the black spot areas marked on the map?

There has been quite a reaction to the proposal that the blood alcohol limit should be reduced from 0.08% to 0.05% from ordinary decent people who go about their daily lives and have a clean track record in terms of road safety, particularly those who believe they can no longer go out for dinner and have a glass of wine or they cannot go to the bar in a hotel after a meeting, have one drink and then go home. While I have no difficulty with the proposal, I wonder what hard evidence there is that people with a blood alcohol content of between 0.05% and 0.08% are causing accidents involving fatalities.

On a related point, when will we have mandatory testing of people involved in accidents? Mr. Brett said he was anxious for this to happen and we have asked the authority about the matter before. Would it not be a sensible approach to introduce that measure and in that way find out what the statistics are with regard to fatalities?

I believe we all have seen the Bedford report which gives figures that range between 0.8 and 0.5.

We will let Mr. Brett comment on that. When will mandatory testing of people involved in accidents be introduced? Perhaps Mr. Brett will also comment, regarding younger drivers, on the changes that have taken place with respect to licences and the improvements that have occurred because of the crackdown in that respect.

Mr. Noel Brett

I thank the Chairman. There are a couple of points regarding the causation of collisions. My problem is that it is the Garda which investigates the collision and until the Garda goes to the Director of Public Prosecution and brings the case to court, I do not have access. I often get details up to a year after the collisions occurred. We would be very keen to move this along. My chairman gets very frustrated because we cannot say that such and such an accident was caused by drugs, speed, alcohol, or whatever. Our difficulty is that until the coroner makes a finding, or until the criminal or road traffic case has been dealt with, it is hard to learn more. We are working with coroners to try to get more data so that we could say what we have found in specific cases. We have had instances where somebody came out and pronounced in the media about a particular collision and it turned out that the poor gentleman involved had had a heart attack and was dead before he collided. That is the difficulty involved, giving offence to families, and the fact that one is finding on something when one does not have all the evidence to hand. It is frustrating and it is a factor. I have spoken to colleagues in Europe and it is a problem. When the media are reporting it would be wonderful to be able to say what the cause was but the reality is that until toxicology results are back, post mortems have happened and cases are dealt with it is very difficult and fraught with risk.

I accept that. Let us take the Tipperary case, however. Are there any results yet concerning why that accident occurred?

Mr. Noel Brett

The situation in the Tipperary case, as I understand it, is that the car was sold to an under-age person — which is illegal and I understand the matter to be before the courts — and driven by inexperienced people. It was what is known as a company car, namely, a car, usually a NCT failure, bought for €100 to €150 and shared between a number of young people. We have had a number of those incidents recently. In that collision my understanding is that it was that type of car driven by an unlicensed, untrained and under-age driver. One can be sure the condition of the vehicle and excessive speed for the competence of that driver will be factors.

The sale of that car was a crime and must be prosecuted.

Mr. Noel Brett

Absolutely. It is a crime under the Road Traffic Act.

Concerning such cars, one sees for sale signs by the sides of roads and in housing estates. There is no supervision as to whether they meet any standards and obviously a great number of them do not. They are just bangers.

Given that 163 people were killed in accidents up to August, the number of fatal accidents was obviously smaller because more than one person died in some accidents. Surely it is not impossible to have some urgency about having a written report produced by the Garda in a reasonable timescale in respect of all accidents. It might be a number of months, depending on the case. It would be a significant deterrent, especially in the case of young people, if we could see clearly as quickly as possible after it has happened why such an accident took place. By the time a report on that accident comes out people will have forgotten it. I ask Mr. Brett to engage again with the Garda concerning the process involved in producing a report. He might take that accident as an example and come back to tell us when we can hear about it. If the case is to go before the court then let us have that stated.

Mr. Noel Brett

I will certainly do that, and I agree with the Chairman. He is correct in what he said. The impact of giving people this information has to help. We have done a guide and worked with the media on how they report collisions. We ask them not to use the word "accident". One often sees in reporting that two young people were killed in a car at 3 o'clock in the morning on a straight stretch of road and it is stated that the car "went out of control". Cars do not go out of control. Somebody loses control for a particular reason. The difficulty is in coming out and naming that. However, I will go back and talk to the assistant commissioner and see if between us there may be some way we can ask that when the Garda is issuing a press release after those collisions or reporting on them, it would provide as much information as possible without stepping over the line of apportioning blame. I understand that the impact has to be immediate. It is no good a month or three months afterwards. I can understand the Chairman's frustration that I am not able to say to him that of the 163——

It is a year after, which as I understand it is the average.

We have a precedent in this committee because the Marine Casualty Investigation Board makes reports and sometimes its reports can lead to a prosecution. I support the Chairman's initiative in this regard. I think the Road Safety Authority should have an overarching role in compiling a fundamental report on each fatal traffic collision so that we might know precisely what happened. We have the precedent of the Marine Casualty Investigation Board which seems to be able to operate without all kinds of strange legal consequences, so I believe we should do it. It is up to us to enact this provision in the road traffic Bill to give the Road Safety Authority this kind of power.

Mr. Noel Brett

Concerning mandatory testing at the scene of collisions, I am advised this is included in the road traffic Bill which is shortly to be published. When a person is involved in a collision and there is mandatory testing of all drivers in all collisions and not only those that involve injuries or fatal collisions, that will be a huge deterrent. It will make people think twice about taking to the road having consumed alcohol or drugs. When the collision happens and somebody is dead or injured, at that point all that mandatory testing does is clear somebody's good name or apportion guilt. That is important for the people concerned but the part I am interested, at policy level and on a national level, is the deterrent effect. That is hugely important. I am advised that this is included in the Bill and it is not before time. The sooner the better.

Regarding blood alcohol level, a question was asked about levels between the current 80 mg level and 50 mg. Dr. Declan Bedford has looked at 995 case files. He got access to the files in the Garda traffic corps. These are the actual investigation files for the years 2003 to 2005 about which we have just been talking. The 995 case files involved 1,105 fatalities. Dr. Bedford looked specifically at people who were below the current limit of 80 mg but were above 20 mg. He did that because all the international research shows that above 50 mg there is real impairment. We are going for 50 mg because there is evidence for it. Dr. Bedford looked at those cases and found 18 drivers who died in crashes during that period who had a blood alcohol level of between 50 mg and 80 mg. He found a further 18 drivers who had a blood alcohol level between 50 mg and 20 mg. That makes 36 drivers who were below the current drink drive limit in that two-year period alone.

Dr. Bedford looked further at 309 specific crashes and found that 31% had a blood alcohol level above 20 mg. He discounted anybody below 20 mg. He further found that in collisions in Ireland, 34% of drivers had undergone no test, thus making the case for random roadside checking. His conclusion is that there is a massive underestimation. If 34% of all those fatalities were not breath tested or had no blood taken in hospital, then there is underestimation. He is clear about his finding of underestimation in Ireland and that in a third of the cases no blood alcohol reading was available. He actually goes further than the Road Safety Authority. His findings are that the limit should become 50 mg immediately and, as quickly after, it should go to 20 mg.

When I look internationally, I look at countries that have the legal limit of 50 mg, such as Australia, Austria, Belgium, Bulgaria, Canada, Denmark, Finland, France, Germany, Greece, Israel, Italy, the Netherlands, Portugal and so on. These are all at 50 mg and Ireland and the United Kingdom are the countries left at 80 mg. Many other countries have gone further and reduced the limit down to 20 mg. How can it be right? Those countries did not go there on a whim, but because of the scientific evidence and in the knowledge that there is significant impairment, even at a limit of 50 mg. How can we say to our citizens that it is safe to drive when all of these other countries instruct their citizens that they cannot drive at a half or a quarter of our limit?

In terms of impairment, proper scientific laboratory tests have found that drivers are significantly impaired at a blood alcohol level of 50 mg. The impairment affects visual ability, vigilance, drowsiness, psychomotor skills and the way they process information compared to performance at a level of zero. The best research I can provide is that one is at a risk of crashing four to ten times greater at a level of 0.5 than at 0.7.

Impairment is definitely there and the last thing I wish to do in this debate is exaggerate in terms of what other countries have done and the likely impact. There is no point appearing before the committee or speaking in the media and promising great numbers, but we can consider the evidence from elsewhere. When the Netherlands reduced its limit to 0.5 or 50 mg in 1974, there was a sustained reduction in alcohol related collisions. France lowered its limit from 80 mg to 50 mg in 1996 and it has seen a sustained drop in alcohol related collisions. Austria reduced the limit in 1998 and it realised a 9.4% decrease in alcohol related crashes. Australia carried out a longer study lasting between 13 and 17 years. It found that the states that reduced the limit from 80 to 50 had what it described as a meaningful decline in alcohol related crashes. There was a 14% reduction in Queensland and an 18% reduction in some other states. New South Wales reduced serious collisions by 7% and fatal collisions by 8%. Sweden is one of the countries that leads the way in road safety terms. In the six years following the introduction of a 0.2 limit – more strict than our proposal – it reported a further 9.7% reduction.

Countries in Europe are already moving from a limit of 50 mg to 20 mg because of the evidence and the reduction in alcohol related incidents. Moskowitz is probably the most extensive researcher in this area. He examined 112 peer reviewed scientific and medical research papers. He concluded that by the time subjects reach a blood alcohol level of 0.5 or 50 mg in the majority of experimental studies examined significant impairment was reported. That is the evidence throughout the country.

I understand the concerns and I live in an particularly rural area. My local pub is three miles away, there is no shop within six miles of me and the nearest primary school is two miles away. The reality impacts on me and on every other person but in the face of the evidence we must act as a nation.

Any piece of the jigsaw we can take which reduces death and serious injury is important. I do not believe this is an urban-rural debate. People in rural Ireland are well able to avail of a broad range of social activities. I am aware from discussions with such organisations as MEAS that they seek to promote responsible drinking. We must understand the matter and avoid scare mongering. A moderate, social drinker has nothing to fear. The average person will metabolise a unit of alcohol in approximately one hour. However, it is very person-specific and I would never suggest to a person that he or she may have one or two pints because it is so person-specific. However, it is quite possible to go to a pub and take a drink and then have water or tea or something else or space out drinking and be a responsible drinker.

The RSA is not a prohibitionist organisation. We are not anti-alcohol or against the alcohol industry. The arguments put forward now about unemployment, suicide in rural areas, social isolation and the closure of pubs are identical to the arguments put forward when mandatory alcohol testing was introduced and they did not come to pass.

I have trawled the archives of this House and the media and I have prepared them and the arguments put forward are identical to those put forward previously and they did not come to pass when we introduced the first limit of 125 mg in 1968, when we reduced it to 100 mg and when we further reduced it to 80 mg. It is a natural progression to reduce it to 50 mg even though other countries have already reduced their limit to 20 mg. Such people as Dr. Declan Bedford have stated there is evidence to reduce the limit to 20 mg but I believe we should go for a limit of 50 mg now.

In terms of the initiatives we would support, I would be especially supportive of publicans throughout the country who have already acted and who have already provided transport schemes, key holding schemes and designated driver schemes. We have just distributed 40,000 high visibility vests in partnership with the vintners association to almost 4,000 pubs for pedestrians to take on a use and return basis to ensure they get home safely. I am very supportive of any initiative which increases access to transport in rural Ireland and which promotes key holding schemes. I would like to see a scheme which allowed and incentivised publicans to buy seven-seater vehicles to drop people home or a VRT refund or some other incentive which would allow them to write off the cost over five years as a business expense. We must be creative and rather than suggest we cannot do it because it inconveniences people, we must understand there are ways of assisting people around this issue. We should promote anything which allows people to enjoy their social life but to do so safely and not put other people at risk. The bottom line is the evidence exists.

The key point is that one cannot drink and drive and that it is simply put. I favour the reduction and I believe it is significant but the key issue is that we must explain how alcohol is consumed in the body. People on the radio may say they want their pint. The fact is one may have one's pint but one cannot drive afterwards. One concern people have expressed is the position the next morning if a person has had three pints and goes home with friends. Such people are afraid they will be breathalysed and over the limit. Can the delegation explain the issue there, including the absorption rate of a pint over an eight hour sleeping night? It is critical for the sake of acceptability that there should be graduated penalties for breaching the limit. If one registers a level between 50mg and 80mg there should be a different penalty to that of a level between 80 and 100 or higher than 100. It is important to have the science and the knowledge available and to stop the scaremongering.

I congratulate the Road Safety Authority. I have followed this issue for the past four or five years since I entered the Dáil. Due to public outcry we have moved from 16th or 17th down to sixth in the safety league. This has also been achieved with a great amount of support from the Government, the Opposition, the public and in particular Mr. Brett, and Gay Byrne, who has done a great job too. However, the aim must be to rise from sixth to first place. Mr. Brett has addressed such issues as speed, drugs, drink, road conditions and mandatory testing. How does Mr. Brett believe each of these areas are performing? Will we reach fifth or sixth and then because of the very substantial exodus from the Garda system and with no recruitment that may become a massive issue in the winter months? Everyone is aware people stop speeding when they see a Garda squad car. Where are the speed cameras?

I was disappointed to hear in respect of drug testing that our drug awareness has declined. Recently, I was in England for the first time in a long time and £31 million has been spent this year on anti-drugs advertising and drug testing.

There is a significant drinks lobby but no one wishes to address the issue of people drinking at home. Drink is being sold for little or nothing and then some people come out on the roads in the middle of the night. Road conditions will become a very significant issue as the standard of roads is deteriorating at present. What is the RSA position on highlighting this issue and on financing it? Every county was supposed to have a road safety officer by July or August this year. That is one change that has helped significantly throughout the country in cases where a road safety officer works in conjunction with our school children and schools. At what stage is that scheme or has it been implemented under the 2008-13 strategy?

On mandatory testing I would be satisfied that no matter where one encounters a serious accident the roads should be closed. The chairman referred to this matter. This should allow us to gather results on why these accidents took place compared to what we have seen in the past two years. I realise it takes time but I believe it is very important that roads are cut off in such circumstances and that the Garda is allowed to carry out its work.

Mr. Brett did not address the issue of mobile phones. I would like to ask him about the position on speed cameras and the number of gardaí who have left the force in the past few months. In one station in Dublin seven of nine sergeants have left. Having studied and followed the matter for the past five years, I have found that a Garda presence is very important. I ask Mr. Brett to comment.

Mr. Noel Brett

On speed cameras, every time I inquire I am told there are contract negotiations. As I said, every week cameras are not in place collisions happen. It is about deterrence, not catching people. The quicker the cameras are in place the better. I cannot state it more simply than they have to be provided. However, the RSA has absolutely no role in the matter; it is one for the Department of Justice, Equality and Law Reform and the Garda Síochána. I am not privy to the contract negotiations, but the quicker the cameras are in place the more lives will be saved and collisions avoided.

As I mentioned at the conclusion of my submission, one of the risks we face is presented by road conditions. The risk lies in not maintaining the current built infrastructure. Actions such as sweeping cycle ways, keeping the roads maintained, dealing with signage and lining and cutting back verges have to happen. Some of this is very old fashioned such as having a person with a spade to open a water table, but that is all it takes and it needs to be done.

The legislation on the use of mobile phones is working. However, people continue to use mobile phones while driving, but it is now the offence with the second biggest number of penalty points, just behind speeding and ahead of seatbelt use. With the Garda Síochána, we launched a major campaign three weeks ago to again try to drive up the level of awareness, as each week some 250 people receive penalty points for the use of a hand-held mobile phones while driving. It defies logic that someone would try to do this, but when the phone rings, the temptation is to answer it. That is human nature. We need to try to keep promoting the issue.

On Garda numbers, I have no role whatsoever in the matter. I am not aware of what the level of depletion is in the traffic corps.

How does Mr. Brett believe it will affect the situation? We do not have the figures, but across every parish and county top gardaí have left the force en masse.

Mr. Noel Brett

From the RSA's point of view, the model we follow encompasses education and enforcement. One has to have enforcement, as it is no good telling people what they should not do. They understand the issues involved in speeding, drink driving and drug use, but if they do not believe there is a threat of enforcement, their behaviour slips. We have to maintain very high levels of enforcement, with low levels of detection. I would be concerned if there was a diminution in the level of roads policing. If one reflects on the Garda Inspectorate's first report on the traffic bureau, it refers to the effect of such policing in denying criminals the use of the road in policing in rural Ireland. If one looks at the major crimes in the past five years, many were detected and solved as a result of road traffic policing. For example, in a recent murder case where a body had been found, somebody turned up at a road checkpoint. When the car was checked, blood was found in the boot and the police managed to find the body. In the case of Lord Mountbatten, the people concerned were found at a tax checkpoint even before the bomb was known about. Roads policing marks the front line in intelligence gathering and denies criminals the use of the roads and thus saves lives. Therefore, I want to see the traffic corps kept at its current strength and, if possible, increased, and given the technology it needs to be much more efficient and effective than it is.

Deputy McEntee asked about numbers and various interventions made. I refer him again to the graph on page 2 of the submission where it can be seen interventions have been made which have resulted in a sharp drop in the number of deaths, but if they are not sustained, the numbers will go back up again. In 2002 the numbers were at their lowest ever but they went back up within two years because the computerised penalty points system was not in place or enforced. It is important when we introduce policies that they are credible, accepted and enforced. We could very easily be sitting in this room in two or three years time and find the graph has an upward trend again if we stop enforcing the measures we have taken and do not finish the road safety strategy. The current Government strategy, if implemented in full and on time, will save a minimum of 400 lives. We are ahead of schedule, but if we stop, we will go back, as has happened in other countries. Sweden, for example, reduced the number in the traffic police and its fatality rates are going back up. Last year Victoria in Australia saw an increase in its road death rate which it is trying to tackle this year.

I will return to Deputy O'Dowd's comment on metabolism. The best advice I can give people is to look at the website www.drinkaware.ie which will help them to calculate the effect of a unit of alcohol and how they metabolise it; it is very person-specific. We have to give them the facts, as there is scaremongering. Moderate social drinkers who go to a rural pub for a night out, drink responsibly and get home safely worry needlessly the next morning. To be honest, it is disingenuous and unfair to try to alienate and worry people who do not have to worry. A moderate drinker who has three, four or five pints and is in bed by midnight has absolutely nothing to worry about at 10 a.m. the next day, yet if one listens to some people discuss the issue, they try to antagonise, frighten and worry the older cohort of residents in rural Ireland.

Some of the material Deputies have received indicating, for example, that a priest would not be able to say two masses — I anticipate the Catholic clergy will come out and deal with this issue shortly — is not accurate; it is not an issue in a country with a BAC of 20. This is the kind of information being provided. Committee members have probably seen the nine-point circular sent to elected Members by the VFI which contains the argument that 5,000 jobs would be lost. Such statements are simply not true.

The first point was that a reduction in the blood alcohol level would not save lives. The evidence is available. I will publish every single piece of research to coincide with publication of the Bill. There are 112 studies which prove the case, but the one study the VFI has chosen to use is a Canadian study, the findings of which it misrepresents. The study was actually undertaken after Canada had introduced a reduction in BAC; therefore, it is a very unfair misrepresentation. If one stacks one study, the findings of which have been misrepresented, against 122 others, one will not find one piece of scientific research that sustains the case that reducing the BAC from 80 to 50 will not reduce the number of collisions. It has been proven internationally. The list of countries which have done it is available. We simply cannot say to our citizens that they are safe when we know others in other countries are saying something different, based on the evidence available.

This is not just about the driver; it is also about the people with whom we share the road. I heard a coroner in County Donegal being cited as an example. Of course, a coroner will not see all of the toxicology results. If I knock somebody down and have even a low level of alcohol in my system, the coroner will not see my toxicology results; he or she will only see the results for the deceased person. If one looks at the coroner's workload, he or she is one of a number of coroners in County Donegal and if one looks at the coroners' website, one will see the number of cases he or she has processed and that a coroner can only find out the name of deceased and the place, date, time and cause of death. Coroners are specifically prohibited from apportioning blame; it is quite obvious, therefore, that a coroner is not best placed to comment on blood alcohol levels generally in the context of road safety, particularly when one takes a portion of one county only.

County Donegal is in black in Mr. Brett's data. It is the county with the worst record for road accidents.

Mr. Noel Brett

Absolutely. I again draw the committee's attention to page 2 of my submission. Since 1 January 1980, 13,002 people have died, the equivalent of 36 Boeing 747s crashing and four times the number who died during the Troubles. If we had two plane crashes, it would be considered a national emergency. We have to deal with the issue and the causes, namely, alcohol, speed, drugs, car and road condition, behaviour and training. In road safety terms, it is not a question of one cause or another, but a combination of them.

To follow on from that, would Mr. Brett be disappointed if members or the Chairperson supported a recommendation to the Minister for Transport that the blood alcohol limit not be changed? Would Mr. Brett be disappointed with that, given the significant evidence he has quoted?

That is not true.

I have the transcript of a press conference given by PARC which campaigns for mandatory testing. It is alleged that several senior Members of this House, members of the Chairman's party——

Is my name mentioned?

No. I do not see the Chairman's name mentioned.

The Deputy should not make such allegations.

There are many senior Members of this House in Fianna Fáil. According to this document which is a report on the meeting, the chairperson or somebody said when the question was asked whether Fianna Fáil was in the pocket of the vintners: "We hope not."

I ask the Deputy to withdraw the allegations he has just made. It is not true. My name was not mentioned there.

No the Chairman's name was not mentioned.

The Deputy should not make an allegation against me personally when it is not true.

I am not making an allegation against the Chairman.

The Deputy mentioned the Chairman.

I said the chairperson of this House, of Dáil Éireann.

I apologise.

The Chairman is getting very nervous.

I thought the Deputy said the Chairperson of this committee.

This is the person who was telling Deputies to have moral fibre.

I apologise.

In this matter we have to show moral fibre. I welcome the chief executive of the Road Safety Authority, RSA, because as always he has given an outstanding report and I commend him and the RSA on their work over recent years. I am a little disappointed that the chairperson of the RSA, Gay Byrne, was not able to be present with the delegation today. He seemed to be very upset over the past six or nine months because the speed cameras had not been rolled out and because elements of the road safety strategy were falling behind. I hope that if we have the meeting about the decline in the BAC limit he will be able to turn up and give us his opinion because he seems to have very strong views on the issue.

I asked the Minister for Justice, Equality and Law Reform yesterday about drug driving. He gave me some figures from the Central Statistics Office, CSO. Between 2007 and 2008, for example, the number of people under the influence of drugs caught in charge of a vehicle increased from 258 to 723, approximately 200%. It appears that over those years there were 479 completed detections but only 136 convictions. Those figures seem remarkably low in the light of a report by Hibernian Aviva which Mr. Brett mentioned last year which stated that more than 20% of young drivers had driven when under the influence of drugs. This was based on a survey but the CSO figures are very low.

Why are we still waiting for roadside drug driving tests? Mr. Brett mentioned that the RSA is liaising with the Australian states of Victoria and Queensland. The committee has corresponded with them too and they have a roadside test. Why can we not test right now for drug driving?

This committee understood a year ago that an agreement had been reached with Go Safe, a private company which had won the tender under EU rules for the cameras but that was followed by this saga. Yesterday in anticipation of this meeting, I also asked the Minister for Justice, Equality and Law Reform when we would get the cameras. I tried to ask the Minister for Transport but he would not reply to this question, which is ridiculous. The Minister for Justice, Equality and Law Reform said this would be reviewed up to Christmas which leaves a huge question mark over the issue.

Mr. Brett has shown us how speeding is a factor in a high number of collisions yet it appears that the 6,000 hours of cameras will not be rolled out. Did the RSA prepare a full scale cost-benefit analysis? It has provided good figures to the effect that each fatality costs €2 million to the family of the deceased. Is there a cost-benefit analysis showing present values, discounted into the future which can be given to the Ministers for Finance and Justice, Equality and Law Reform to say that we need these cameras because they will not only save lives but also a lot of money and grief? Can the RSA bring this one step further and do the cost-benefit analysis and send it to the Chairman, the committee and the Minister?

The Minister for Justice, Equality and Law Reform introduced five penalty points for those who do not send their cars for the national car test, NCT. They are reckless citizens who did not get their cars tested and now want to have the test because they received a notice. Meanwhile the good people who get their cars tested when necessary must wait in the queue past their test dates. One of my constituents was told she must wait 14 weeks to have the test. Our colleagues in the media have covered this problem extensively. People do not like driving cars which have passed their NCT dates. Is it not very unfair that the good, compliant drivers are victimised in this way? I presume they have a note from the test centre to show to a garda who asks them why they do not have the test. The test centres do not notify people of the date for the NCT because they are too busy with other things. It is possible to miss the date of the NCT. Should those citizens who are compliant and keep their cars up to scratch not be given priority?

I welcome the many other initiatives put forward. We hope the road traffic Bill will come to the House soon and introduce mandatory testing and a lower BAC limit and so on. Does Mr. Brett agree we need to bring forward significant legislation, for example, to run the graduated driver licence? Recently on the Order of Business the Taoiseach, the Ministers for Enterprise, Trade and Employment and Transport contradicted one another about whether we needed additional legislation to produce fully trained and safe drivers.

I commend Mr. Brett on the figures he has produced. The total of fatalities so far this year is horrendous at 175. As Mr. Brett rightly says that is equivalent to a plane crash or several large public transport crashes. I hope the figure will not increase but it looks as if there could be 240 deaths this year and the target of 200 seems to be in sight. Is it possible to give us figures for the size of the vehicle fleet, for example, the number of deaths relative to the size of the vehicle fleet, as well as the numbers of cars per million people? It was noticeable even in Celtic tiger days that vehicle ownership here did not quite catch up with that in Germany or Britain.

The most annoying aspect of the report is the section that states the RSA does not have the resources to do its job. It is astonishing that its advertising budget was cut by 80% given that it sets out to save lives, especially those of young men and women. It is an incredible indictment of the Government and society that the RSA budget for this would be slashed. We will have this debate later in the House but it is horrendous that a budget to save lives is being slashed, particularly in light of the figures and the cost benefit the RSA has presented. This seems crazy.

Mr. Noel Brett

It is important to hear both sides of the debate on the blood alcohol level. I look forward to the publication of the Bill and the opportunity to debate the evidence with anyone who wants to do so.

Should we invite the vintners to the committee to present their case to the RSA so that the arguments on both sides are transparent?

Mr. Noel Brett

It is important that both sides are heard. I have no difficulty with that and would welcome the opportunity to present the evidence. In terms of drug driving, the figures given for 2007-08 illustrate precisely what I was saying about the difficulty for the Garda. The first hurdle is to prove the substance was in the person's body, the second hurdle is to prove impairment which is notoriously difficult.

Existing legislation provides for blood and urine testing. In my opinion what is needed is per se legislation that makes the very presence of the substance an offence; then those numbers will go through the roof. The Deputy is correct in terms of the prevalance of drug use and the types of drugs being used but per se legislation would deal with that very quickly.

I share the Deputy's frustration in respect of safety cameras or speed cameras. This project started long before the Road Safety Authority was put in place three years ago. The cost benefit analysis and the business case was conducted long before the Road Safety Authority was established. In the 2009 Estimates, provision is made for €10 million to pay for safety cameras. The project is being run by the Department of Justice, Equality and Law Reform and the Garda Síochána and the Road Safety Authority has no involvement whatsoever. I inquire regularly what progress has been made because I am concerned that this project has slipped. I am told the contract negotiations are coming to an end. As far as the Road Safety Authority is concerned, my chairman is very frustrated, because of the need to put the safety cameras, the BAC, the mandatory testing and the drug driving measures in place. They must all be put in place and they do not all need to cost money. The resources are in place. It is about moving on and finishing off the project.

The NCT service faces a number of difficulties. Vehicles may be registered in one location but when the notice is sent out for the test it transpires they are in Galway, Westport or elsewhere. I would have to apologise to the decent law-abiding person referred to. It is unfortunate and regrettable they found themselves in that position. When the announcement was made, people literally crashed the website by going on-line and booking tests left, right and centre. It is symptomatic of what happens in Ireland. We turn a blind eye until somebody says there will be enforcement or some rule change.

Are we all going to get the notice as we used to? That system worked very well.

Mr. Noel Brett

It worked very well but it is only as good as the data on the national vehicle and driver file. The challenge is that data has to be up to date. On behalf of the Road Safety Authority and the NCT Service I apologise unreservedly to ordinary decent motorists who are compliant. They are the people we need to bring with us.

In respect of graduated driver licensing, some elements will require primary legislation to give a Minister power to put conditions on a licence. There are other things which can be done by regulation. Currently if one wishes to attach conditions to a full licence, the Minister would have to be given the power to do so. Therefore, there is a need for primary legislation for some elements of the licence.

In respect of statistics on the vehicle fleet, I will get those and send them to the clerk. On the issue of the blood alcohol level, we hear the vocal minority. Bearing in mind the evidence out there, there are several pieces of research that show the level of support among the public. For example, there were three European studies carried out in Ireland under the SARTRE project. SARTRE 3 found that 72% of Irish citizens wanted the blood alcohol level reduced. Some 24% wanted the level maintained at 80% and 3% said it should be increased. The SARTRE 2 survey found that 52% wanted the level reduced. In the Hibernian motoring survey, to which the Chairman referred, 77% of respondents supported a reduction in the blood alcohol level. We have inserted tracking questions into household surveys for the past 18 months and have found significant support among the silent majority. It is important that the debate takes place but more important that people understand alcohol, metabolism and impact. This is definitely not a rural-urban debate. This is a debate about us all sharing the road safely. The blood-alcohol level recommended is 80:50, not 80:20. It is a staging post. I would be happy to assist the committee by providing evidence and information but the debate should happen across the line.

On the issue of resources, our advertising budget was reduced by €800,000 last year and by a further €2.4 million this year. That is a challenge and a disappointment. However, advertising rates have fallen. I can buy TV cheaper than I could buy it. We are coping. If we have the same amount of resources in 2010 as we have now, we will be able to do our business. I do not have a shopping list as I had in other years. Many of the big ticket items are done but I need to maintain the budget. We generate 40% of the budget ourselves. We are not on our knees, we are able to get on with the job. It is disappointment and a challenge but we will find other ways of doing business. We have had a number of very innovative sponsorships and assistance from the private sector. People have come forward in response to the cut with various ways of doing business. It is a challenge but we must maintain the current level of business, even with the reduction. The bigger threat is losing critical staffing as people retire. If I cannot replace technical staff I am in difficulty.

Are there any other questions?

I apologise that I have to leave.

I wish to raise a few other issues. I welcome all that Mr. Brett has said and suggest that transparency, accountability, openness and debating the blood alcohol level are very important. The committee is a very important forum for everybody, including the vintners, rural organisations and so on because we have to do the right thing here.

I have a question on the Navan bus crash some years ago in which five schoolgirls died. Following that crash the Minister decided to review and overhaul the commercial vehicle roadworthiness regime. PriceWaterhouseCoopers was asked to report on the commercial vehicle testing review, following which I understand a report was submitted to the Minister in April 2007. In February 2008 the Minister approved the recommendations. At the time the Minister, Deputy Noel Dempsey, said the review was conducted at the request of his predecessor, following Government and public disquiet, relating to a number of high profile road collisions involving commercial vehicles and also the high number of Irish registered vehicles detected with serious defects by the UK authorities. It is a very serious issue arising out of fatalities and, obviously, a very sad accident.

Bus transport in Ireland is among the best in the world. The figure for those killed or seriously injured at 1.1% of all people transported is on a par with Canada and the US. The key issue is that the recommendations of that report have not yet been implemented. It is an appalling vista that this report was based on the issues that arose out of that awful crash. One of the findings of an independent report is that the test processes are inconsistent with different standards applied, the result is an unacceptably high proportion of Irish vehicles being in a non-roadworthy condition, as evidence reached in high profile cases and observations of the UK authorities.

I have grave concerns, following four or five accidents involving Bus Éireann, about the whole process and the independence of the testing regime. I acknowledge that Bus Éireann and Dublin Bus have a 5% independent audit of all their vehicles every year and I acknowledge the safety culture in their organisations. Nevertheless, I am deeply concerned there is no independent audit of these accidents. While there is an independent audit in respect of rail, air and marine safety, there is no independent audit or accountability for accidents that occur involving PSC vehicles and specifically buses. What is going on in this system? Has the Road Safety Authority been given authority to assume responsibility for the management and operation of the commercial vehicle testing system? The report was submitted to the Minister in 2007. What has happened since? It is a scandal and I would like a response to that.

Mr. Noel Brett

Following the Navan bus crash one of the first exercises the Road Safety Authority was tasked with doing was reviewing the commercial vehicle roadworthiness testing regime in Ireland. We did that. We submitted that report to the Minister in April 2007. The Minister accepted the recommendations. The matter was approved by Cabinet and we submitted an implementation plan and costings. I have in my budget the money to implement that plan. The money came from the increase in the driving test fee and, therefore, as of today I have €2.1 million in a bank account which is specifically to pay for this and by year end that will be €4 million.

We need a new IT system and the complete transfer of the function from the 29 local authorities to the RSA. The only delay in this respect is the approval for staffing. Twenty-two staff members are required to take this function out of the local authorities and proceed with it. The business case is with the Department of Finance and I and my authority are ready to proceed with this once it is assigned to us. The issue is not one of funding but one of staffing. The money is available——

Is it not a political issue? The money is available to do this, and everybody agrees it must be done, but the Minister for Finance has not signed off on the jobs that would have to be created to meet this clear necessity. Mr. Brett is saying he has the money but the Minister will not say "Yes" to this.

Mr. Noel Brett

I need to have the function assigned to the Road Safety Authority. I have a budget to do this. New posts do not have to be created as the required staff can be transferred from anywhere in the civil or public service.

Therefore, bureaucracy is stopping this. This job has not been done to date but it must be done. It was the first task the authority was given and it is probably the most important one. It is a serious issue. We hear reports in the United Kingdom that Irish HGVs are in a much worse state than HGVs from other countries and that a disproportionate number of Irish vehicles are unroadworthy because sufficiently vigorous attention is not paid to their condition. We should invite the Minister to the next meeting to discuss this issue. The authority's hands are tied; it has the money but it cannot do the job because the Minister will not give consent.

We will write to the Department and ask it to advise on the reason for the delay in proceeding with this job and when it is expected it will proceed.

We have invited the Minister, Deputy Dempsey, to the committee. He cannot escape accountability forever. We need him to attend a meeting of this committee. I suggest we invite him to attend our next meeting to specifically address this issue. We need an answer to this issue and we need him to come to this committee.

Did we not provide for transport officers in the legislation?

Mr. Noel Brett

I have transport officers. We increased the number from six to 17. I have 17 transport officers. Unfortunately, I have two officers who are taking early retirement, whom I am not allowed to replace, which will bring the number down to 15. One officer will be taking standard retirement, which will bring the number down to 14. I have the cash but I am not allowed to replace those people. Those officers are working. We also have vehicle inspectors——-

How many transport officers does the authority need?

Mr. Noel Brett

Transport officers are enforcing the tachograph and the haulage rules. Eighteen was a perfectly fine number and I am able to manage with that number. We have significantly increased the amount of checking that is going on. I also have five vehicle inspectors and we carry out random roadside checking. We are working alongside the Garda on a daily basis. With regard to the staff tasked with introducing the commercial vehicle roadworthiness reform, that function is to be transferred from local authorities, where I presume posts will be extinguished, and to be taken up by the RSA. It is an issue of staffing.

Roadside enforcement activity, checks of operators' fleets and maintenance records as well as the annual test are all checks that are not happening now. This is a national scandal, particularly when the authority has the money available to do this.

We will address the matter.

Can we agree to invite in the Minister——

——and hold him accountable?

I am anxious to proceed and conclude the meeting.

I wish to raise the thorny question of the blood alcohol level. My colleague has asked some interesting questions. We got an interesting briefing from the HSE recently, which the Chairman probably read. It indicated that a unit of alcohol in the United Kingdom is different from a unit of alcohol in Ireland. The old guideline was that on health grounds the safe limit of alcohol consumption for a man was 14 units of alcohol per week, but that is not the case. In terms of measures of Irish pints and spirits, the safe limit is ten units. The key element seems to be the amount of grams of alcohol in a drink. I understand a pint has 20 grams of alcohol. In terms of the ordinary man, our colleagues and workers who may be now slipping into a hostelry to have a drink on their way home, what would the measure of 50 milligrams or 80 milligrams of alcohol represent in terms of pints of Guinness?

Mr. Noel Brett

It is very person specific. The best advice I can give is to never ever drink and drive, however, that advice is at a nice macro level. One unit of alcohol equates to a half glass of minimum strength larger, Smithwicks or Guinness. The average person will metabolise that entirely out of his or her system within an hour. If one drank a pint, one should have it metabolised in two hours. The best place to read about this in terms of the gender difference, the body mass differences, the different drinks and their impacts is the drinkaware.ie website, which is funded by the drinks industry.

I received several complaints from drivers of delivery vans and those in companies who are being caught out by the tachograph. In the case of a driver who would set out on a three hour journey from, say, Galway to Killarney, make a number of deliveries and then drive back, that driver has been advised that according to the regulations, he or she is working more than maximum working hours allowed, if he or she makes deliveries.

Mr. Noel Brett

There are clear rules in terms of the rest periods one must take. One must take the prescribed rest period, which is a half an hour and one must be resting and not working at that time. This aspect affects the heavier trucks, it does not affect vans. If a driver has been driving continuously, he or she must take a break and a driver is required to take prescribed breaks every seven days. I can forward the Chairman a description of them. If any operator has particular problems, he or she can talk to us. We often find that people read the rules and wonder how they can work around them and often it can be about work practices.

My understanding is that this applies to the Mercedes van, which is a standard van used for making deliveries. Such a van must be fitted with a tachograph. The claim being made is that drivers are not driving while making deliveries and, therefore, they should not have to have a rest period.

Mr. Noel Brett

The standard white van would not have a tachograph fitted. If the Chairman would like them to contact me or if he sends me the details, I will happily consider them and see how we can accommodate them. If a person is driving the heavy goods vehicle, the person must take prescribed rest periods.

What is the minimum size of vehicle that is fitted with a tachograph?

Mr. Noel Brett

Off the top of my head, I do not have that information. The issue in question is about driver fatigue.

I thank Mr. Brett for his comprehensive response and wish him the best of luck with continuing to improve road safety. I hope he can achieve the objective of reducing fatalities to a maximum of 200 a year. Having regard to what he said and the fact that it is predicted that 76 people will die on our roads between now and Christmas, it is a sobering thought with which to end. The message is that everybody should take care, take the precautionary measures Mr. Brett outlined and, hopefully, that projected figure of 76 will be dramatically reduced in the coming months.

What is the longest period in 2008 and 2009 during which there was no road fatality, where the RSA could say it was doing great and that it would try to keep up the good work?

Mr. Noel Brett

We have had several weekends in 2009 during which there was no fatality.

Would that have extended over seven, eight or ten days?

Mr. Noel Brett

We had a period of ten days without having a fatality and then suddenly on a Thursday afternoon three people were killed. It is as random as that.

The joint committee adjourned at 5.50 p.m. until 3.45 p.m. on Wednesday, 7 October 2009.
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