Road Traffic Bill 2011: Second Stage

Minister for Transport (Deputy Leo Varadkar)

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

This is the first legislation introduced by the new Government and indicates our commitment to road safety. Speaking on behalf of the Government, I assure the House of our ongoing commitment to make roads even safer over the course of the next five years. The House will be aware that the first ever recorded fatality as a consequence of a road traffic accident occurred in Ireland over 100 years ago. Since then, thousands of people have lost their lives on our roads.

Improving road safety has been one of the great successes of recent years and I would like to recognise the contribution made by my forebears, Mr. Noel Dempsey and Mr. Martin Cullen, the Opposition spokespeople who co-operated with them, the civil servants who supported them, the Road Safety Authority, RSA, and the campaign groups who kept the pressure on.

The number of deaths as a consequence of road traffic accidents are half what they were ten years ago, yet there are many more cars on the road. However, there is no room for complacency and I am disturbed by the increase in the number of road deaths in the year to date. Some 49 people were killed on the roads in the first two and a half months of 2011, 15 more than in the same period last year.

The Bill I am moving was approved by the Seanad in January and was due to be introduced in this House before its dissolution on 1 February. As with most issues relating to road safety, the Bill enjoys support from all sections of the political spectrum and contains the same provisions introduced by my predecessor. Following its enactment, it will allow for the early introduction of significant provisions in road traffic legislation to support and reinforce the existing drink driving enforcement regime. The obvious incompatibility between alcohol and driving has been discussed a number of times in the House, as has the need to communicate to those drivers who persist in drinking and driving that such behaviour will no longer be tolerated. The Bill's provisions will further communicate that message. Drivers who, in the opinion of the Garda Síochána, have consumed intoxicating liquor and drivers who are involved in collisions where injury is caused will be required to undertake preliminary breath tests following the Bill's enactment.

Since 2001, Ireland has seen a rapid improvement in road safety, with fatalities down by 48% following the implementation of a comprehensive set of road safety measures. In 2007, the year the current road safety strategy was published, 338 people lost their lives on the roads. Last year, that figure was reduced to 212. The ongoing advancement in road safety performance results from the response of the Oireachtas to supporting road safety initiatives through the promotion and support of legislation and the formation of a cohesive policy structure under the road safety strategies. The current strategy developed by the RSA, covering the 2007-12 period, has been the trigger for many of the major provisions contained in the Road Traffic Act 2010 and those being debated today.

This Bill is the seventh major legislative initiative taken on traffic law in the past decade. The legislative progression during that time has seen the introduction of the fixed charge and penalty points systems, a new structure of speed limits based on metric values, the introduction of mandatory alcohol testing checkpoints, the establishment of the RSA, the introduction of the mutual recognition of driving disqualifications between this country and the United Kingdom and, most recently, the rollout of a network of privately operated safety cameras. This year will also see the introduction of lower blood alcohol concentration levels for drivers and preliminary impairment testing by the Garda Síochána for drug driving enforcement. I expect these provisions to come into force in September.

Ongoing initiatives such as safety cameras have had a significant and positive influence on road user culture. It is fair to say that our roads have without question become increasingly safer for all users in recent years. Despite these significant gains, it remains unacceptable that so many people should still die on our roads in this way. It has never been more important for all of us to ensure that complacency does not set in. The Bill will help us to keep people safe on our roads.

I now turn to the specific provisions being promoted in the Bill. Like my predecessor, I am anxious that the necessary legislation be put in place as quickly as possible to provide for mandatory breath testing at collision sites where injury is caused. Once in place, no driver can avoid being tested for alcohol intoxication where serious road collisions occur. The legislation will also serve a dual purpose by sending a strong message to all drivers who still contemplate the notion of drinking and driving. It allows for the introduction of consolidated provisions relating to the obligation to provide preliminary breath specimens that are planned for commencement later this year under the Road Traffic Act. New evidential breath testing instruments will be necessary to measure the lower blood alcohol concentration levels provided for in the 2010 Act. The Medical Bureau of Road Safety is well advanced in procuring the new evidential breath testing equipment for detecting and measuring the lower levels of BAC. A successful tenderer designate has been selected, subject to the conclusion of contract under the terms and conditions of the tender. A significant amount of testing is now required by the MBRS before the instruments can be put to use. A detailed training programme for the Garda in the use of the instruments will also be undertaken. It is estimated that the testing and training programme will be complete and instruments distributed to Garda stations in the autumn.

Section 9 of the 2010 Act provides for the mandatory breath testing of a driver who in the first instance, in the opinion of a member of the Garda, has consumed intoxicating liquor or, in the second instance, has been involved in a road traffic collision which has resulted in an injury. Section 14 of the 2010 Act, which is linked with section 9, provides for the mandatory testing of a driver of a vehicle involved in a road traffic collision where the driver is injured and is removed to hospital. This section also provides that a member of the Garda shall test that driver in the hospital unless, following consultation with a doctor treating the driver, such testing would be prejudicial to his or her health.

There is a close interrelationship in the 2010 Act between sections 9 and 14 and the provisions in the Act for the lower BAC levels. Based on legal advice received by my Department, it will not be possible because of this link to commence sections 9 and 14, either in part or in their entirety, until the new evidential breath testing apparatus is in place. It would be beneficial if the mandatory testing provisions were introduced earlier than that and this Bill, therefore, provides for the early introduction of those provisions.

On previous occasions the question has been asked as to why there is no provision to test drivers involved in all road traffic collisions. The main reason is that, in many instances, the collisions result in material damage to vehicles only, are generally minor in nature and are settled by the drivers concerned and their insurers without Garda involvement as a civil matter. Gardaí are often not called to the scene and when they are, it is often an inappropriate use of Garda time and resources.

The issue of mandatory testing of drivers at collision sites was the subject of much debate during the passage of the 2010 Road Traffic Act. It was acknowledged during that process that road traffic legislation, particularly the provisions relating to intoxicated driving, is one of the most challenged in our courts. This necessitates that the drafting process of any new legislation must also focus on making the provisions as robust as possible. Consequently, we are all acutely aware of the need to strike a balance between the practicalities of the mandatory testing provision and the need for changes to be consistent with existing intoxicated driving legislation.

While the 2010 Act was being drafted, a concerted effort was made to consolidate all intoxicated driving legislation into a cohesive format that would be robust enough to withstand future challenges. In this context, it was important that the mandatory testing provision was knitted into the fabric of this legislation. Legal advice was sought on the relevant drafting of the Bill before us, given its association with so many other vital provisions in the Road Traffic Acts. In providing for mandatory testing, we did not want an oversight to undermine the entire testing regime and undo all that we are trying to achieve.

It is because of the detailed examination of the likely impact on other provisions that, following the advice of the Office of the Attorney General, sections 2 and 3 also recognise the powers of arrest conferred by law on the Garda and the interaction between those provisions and the requirement for preliminary breath testing of drivers. This necessary and explicit clarification will avoid the undermining of those provisions when introducing mandatory testing. This clarification will also need to be reflected in the related intoxicated provisions of the 2010 Act. I intend to commence all of the intoxicated driving provisions of the 2010 Act later this year. Accordingly, I plan to amend sections 9 and 14 of the 2010 Act in a new road traffic (No. 2) Bill 2011 to be drafted and introduced in the Oireachtas soon. This will ensure all the necessary initiatives will come on stream together.

The key determinant of road safety performance is the behaviour of road users. Consequently, the primary focus of our road safety strategy is positively to influence that behaviour. This can be attained through initiatives across a range of areas including the enactment and enforcement of laws that promote good road user behaviour. Such laws must also be underpinned and supported by the application of fines, prison sentences and driving disqualifications as well as the necessary technological resources. This Bill is another element of that overall programme and will build on achievements in recent years. It will help to deliver additional improvements to the manner in which all drivers interact with our road system.

I am anxious, with the co-operation of Members, to secure the passage of this short Bill through the House as quickly as possible to allow for the early introduction of the provisions contained therein. Suggestions made by Members will be afforded detailed consideration within my Department with a view to their inclusion, if appropriate, in the next road traffic Bill, which I plan to introduce shortly. I look forward to the co-operation of Members in facilitating the speedy passage of the Bill, which I commend to the House.

Deputy Timmy Dooley

I congratulate the Minister, Deputy Leo Varadkar, on his appointment and wish him well in his endeavours. He has an important Department under his control and matters such as that we are dealing with are of critical importance. I look forward to co-operating with him in his efforts.

I welcome this critical legislation, which was introduced by Fianna Fáil in government earlier this year and which has passed all Stages in the Seanad. I hope, like the Minister, that it receives the cross-party support it deserves. We have dealt with many issues that have emerged in changing driver behaviour as part of a shared goal. Changing attitudes to the consumption of alcohol and driving vehicles is the most important issue. It has been a hard fought battle convincing certain sectors of society and industry groupings to take on this issue with a focus on saving lives. It has worked well with the co-operation of all parties in the House and I hope that continues.

The legislation must proceed as quickly as possible to ensure no driver can avoid being tested for alcohol intoxication where a serious road accident has occurred. It will also ensure gains made in changing driver behaviour following the passage of the Road Traffic Act last year will not be lost between now and its implementation in September. The Minister referred to his desire to deal with sections 9 and 14 of that legislation through the passage of another road traffic Bill later this year, which is probably the correct approach.

The provisions in this legislation send a strong message that drink driving will not be tolerated under any circumstances and we have succeeded collectively in improving driver behaviour, particularly among younger drivers. Statistics show cohorts of people still fail to recognise the seriousness of drink driving but a sustained push to emphasise that such behaviour is no longer acceptable within and outside the House will filter down through society. The approach of the Garda is helpful in that regard.

The Bill has come at a critical time following the release of figures last week by the Road Safety Authority, RSA, and the Garda highlighting a worrying trend so far this year. The Minister referred to the latest road collision statistics, which show that there have been 15 more road deaths to date in 2011 compared with the same period last year. This is an increase of almost one third in the first 12 weeks of this year. The increased number of deaths among pedestrians and motorcyclists is of particular concern with 49 people overall killed on the roads this year. It is an extremely worrying trend and perhaps a sense of complacency has set in.

We must also be careful, however, that we do not try to read too much into such a small statistical base. There are peaks and troughs in the figures for various reasons over the course of a year and I hope they will level out as the year progresses. The fact that we have experienced a peak should give us the impetus to ensure we continue to take a strong approach in the House and in the media to highlighting the issue. When road safety is debated in the House or flagged or discussed in the media, it raises awareness in the minds of people, which ultimately saves lives.

The chief executive officer of the RSA, Mr. Noel Brett, recently expressed disappointment that there has been such a bad start to the year from a road safety perspective. I compliment and recognise his input over the past number of years working with departmental officials and successive Ministers to put in place a good regime within the authority and I wish him and his staff well in their continued efforts. I acknowledge the great work they have done.

The good work in improving road safety standards and reducing the number of fatalities in the past five years appears to be at risk as a result of this trend. I say "appears" because I am conscious that by their nature statistics, when measured over the more elongated period which is generally a year, may indicate a trend that is hoped will be less concerning, but we will have to debate that at a later stage.

The new Government must not allow any complacency to set in or any bad habits in driver behaviour to return. Based on the Minister's comments earlier, I am sure he is acutely aware of the necessity to ensure that does not happen. This must be an urgent priority for the Minister for Transport, particularly as he settles into his new Department.

The core objective of the Road Safety Strategy 2007-2012, which Fianna Fáil brought in while in Government, is to reduce road deaths to no greater than 60 fatalities per million, which is an equivalent of 252 deaths per annum. It is difficult to say that we are prepared to accept 252 deaths per annum on Irish roads but if the statistics across Europe are taken into account, it is a target that has been surpassed. Last year we went beyond that target with the lowest number of road deaths on Irish roads at 241. That was a decrease of more than 41% from the period 1999 to 2000. Any death on the road is unacceptable and we must strive towards ensuring that we have the greatest safety standards in place to eliminate, in so far as possible, all unnecessary deaths on the road.

The number of road deaths per 1 million of the population was halved from 107 in 2001 to 54 in 2009. That downward trend continued in 2010. The new Government must now ensure that the figure of 252 is not exceeded between now and the end of the strategy in 2012. I hope the new Government maintains the same level of commitment to road safety and to the road safety strategy as the outgoing Government did from 2007 to 2010. I recognise the co-operative approach the previous Opposition and now Government had in regard to working with previous Ministers in this regard.

While significant gains have been made, the Government must avoid the pitfall of complacency at a political and a road user level because we have seen that where complacency sets in or where there is not a continued focus or emphasis, whether it be through legislation or through debate in the media, people tend to go back to their old habits. It is clear there is a volume of work to be done in that regard.

The first of the mandatory alcohol testing provisions were introduced by the Fianna Fáil Government in 2006 and the current position regarding mandatory testing is that it is only carried out at a Garda checkpoint as per the Road Traffic Act 2006 or where gardaí believe a driver is intoxicated. Testing for alcohol at the scene of a collision is currently only done on a discretionary basis. The legislation before the House today is necessary to ensure that mandatory testing for all drivers involved in a collision is put on a statutory footing.

The number of people killed on the roads since the introduction of the Garda checkpoints has declined and the success of mandatory provisions can be attributed in part to a robust system of detention and scientific analysis. This is essential to maintain the public perception that there is a real risk of being detected and prosecuted, and it is an integral part of the effectiveness of the deterrent.

During 2009, more than half a million breath tests were carried out under mandatory alcohol testing. The Road Traffic Bill 2011 amends the existing legislation, the Road Traffic Act 1994, to allow for the introduction of mandatory alcohol testing for drivers involved in collisions in advance of the coming into force of sections 9 and 14 of the Act of September 2010.

The Road Traffic Act 2010, which was passed into law in July last year, introduced mandatory alcohol testing in specific circumstances as well as a lowering of the permissible blood alcohol content, BAC, of 50 mg per 100 ml and 20 mg per 100 ml for novice drivers. I mentioned at the outset the difficulties that arose from various interest groups in ensuring that this was adhered to. In that regard I compliment both the then Opposition also, whose members had to deal with some people within their own ranks who had a different viewpoint. The then Minister had to do the same in respect of some of the backbenchers in our party. Ultimately, the right decisions were taken and a level of recognition is necessary of those on both sides of the House for their doggedness in working towards a zero tolerance approach to the blood alcohol content level.

Section 9 of the Act of 2010 is one of the intoxicated driving related sections in Part 2. It provides that where a driver, who in the opinion of a member of the Garda Síochána has consumed an intoxicant, he or she will be required to give a preliminary breath specimen. The section also provides for mandatory testing where a driver has been involved in a road traffic collision, where injury has been caused.

That is linked with section 9 of the 2010 Act. Section 14 of that Act provides for the mandatory testing of a driver of a vehicle involved in a road traffic collision where he or she is injured and is removed to hospital. The section provides that a member of the Garda Síochána must test that driver in the hospital unless, following consultation with a doctor treating the driver, such testing would be prejudicial to the health of the driver. The knowledge that such drivers will be tested in these circumstances, in my view and in the view of most right-minded people, will have a positive impact on improving driver behaviour. This is ultimately about driver behaviour in all respects.

There is a close inter-relationship between these two sections and the provisions in the Act for lower BAC levels. Unfortunately, these sections of the Act were unable to come into force as the evidential breath testing equipment could not be recalibrated to the lower BAC level of 20 mg per 100 ml before September 2011. The Minister has indicated his desire to deal with that.

In the interim period, the Road Traffic Bill 2011 amends current legislation, the 1994 Act, to provide for mandatory alcohol testing at the scene of collisions, albeit at the current BAC levels of 80 mg per 100 ml. The new lower levels will be tested from September 2011 once that recalibrated equipment is in place. The Medical Bureau of Road Safety is well advanced in procuring the new equipment. The Minister might update the House in his concluding remarks on progress in that regard and ensure there is not any deviation from the original timing set out. It is essential that this equipment is entirely robust due to the highly litigious nature of road traffic law in Ireland, particularly in the area of drink driving. The most important aspect is that we get this legislation right.

Like many others who have an interest in road safety, it is disconcerting that people continue to challenge the law, particularly with the support of their legal representatives, despite the fact that the basic premise is clear, namely, if someone has drunk above a certain limit they must suffer the consequences of the law. We are concerned here with changing driver behaviour. We also must change people's attitude to the deterrents. There is a criminal conviction if one is found driving having consumed too much alcohol but people continue to believe that is not a criminal act. That is the reason they put such a huge effort into trying to get out of such a conviction. We must work on emphasising the criminal nature of the act. When somebody drives a car having consumed copious amounts of alcohol they are no different to somebody who plays with a gun in the company of young children. Sadly, people do not understand that it is a criminal act and for that reason they fight vigorously against the implications in court.

This Bill is the seventh major legislative initiative taken on traffic law in the past decade by the Fianna Fáil led Government. That is a record we are hugely proud of and it has made a real difference to saving lives. I have no doubt that the Minister will continue his efforts in that regard. I would like to pay tribute to former Ministers including the late Séamus Brennan, who was at the forefront of legislation in this regard; Martin Cullen more recently; and the previous Minister, Noel Dempsey. They all had a strong record, with the support of the Opposition at the time, in dealing with the problem.

Our roads, without question, have become increasingly safe for all users in the past decade. That is a significant achievement in terms of our legacy in Government, despite some other elements which we will have to debate in other fora in terms of what we did or did not do in respect of other matters. Our approach to road safety and the development of the road network, road infrastructure and public transport generally was excellent and as the Minister reads his way into his new role in his Department he will see a strong legacy of investment that was based on a vision for the development of the backbone infrastructure of this country.

I have no doubt the Minister will continue to develop that with his own vision and strategy, and I wish him success in securing funding for it in a far different environment. However, there is a good backbone on which to build.

Unquestionably, our roads have become increasingly safe for all users in the past decade and this has been recognised by others. In the past ten years we have seen the introduction of the penalty points system, the introduction of mandatory alcohol testing checkpoints in 2006, the reduction of the blood alcohol concentration, BAC, levels for drivers from 100 mg to 80 mg in 2006, the establishment of the Road Safety Authority, the introduction of the mutual recognition of driving disqualifications between this country and the United Kingdom which was an issue for some time, the completion of the inter-urban road network and the roll out of a network of privately operated safety cameras.

With regard to the latter, there has been a worrying development in the past week or two. A second speed camera-carrying vehicle has been subject to criminal damage which put at risk the lives of two individuals. That is deeply disturbing. It demonstrates the efforts people are prepared to make to avoid detection. While I accept this involves a contract that was awarded to a third party, I ask the Minister to examine this from a health and safety perspective to ensure the drivers or operators of these vehicles are protected. I understand from media reports that the operator of the vehicle involved in the latest incident had a narrow escape when the vehicle was set on fire. It is important that the State ensures the safety of those who operate these vehicles on behalf of the State. As it involves a third party it might be somewhat complicated but perhaps the Minister will examine the matter.

As a result of the Road Traffic Act 2010, this year will see the introduction of lower blood alcohol concentration levels of 50 mg for drivers and 20 mg for novice drivers and preliminary impairment testing by the Garda Síochána for drug driving enforcement, the first major step to tackle and identify drivers driving under the influence of drugs. These are just some of the recent measures introduced by the previous Government.

In recent years, Ireland could proudly say it had one of the best records in the EU for reducing the number of road deaths. Last year, the former Minister for Transport, former Deputy Noel Dempsey, accepted the 2010 Road Safety PIN Award in recognition of the Government's sustained successful strategy in reducing road deaths. The award was made by the European Transport Safety Council and marks outstanding road safety performance among the 27 EU member states. The key determinant of road safety performance is the behaviour of road users and the primary focus of any strategy is positively to influence that behaviour. We tried to achieve this change by implementing initiatives across a range of areas.

One of the most important changes in driver behaviour has been the creation of a zero tolerance attitude towards drink driving. Fianna Fáil showed continued commitment to lowering the maximum legal blood alcohol concentration limit and this has played a critical role in bringing about a zero tolerance attitude towards drink driving. We lowered the limit in 2006 and it will be lowered again this year under the 2010 Act from the current limit of 80 mg to 50 mg for qualified drivers and from 80 mg to 20 mg for novice and professional drivers. Even one drink could result in a driver being over the limit.

The publicity and media comment about the implications of that legislation has created doubt in the minds of many people who have believed for some time that they could drink two pints or two glasses of wine and drive successfully and, more importantly from their perspective, without being over the limit. The fact that doubt has been cast on that has been a great deterrent and is a great push towards a zero tolerance approach. It has played a significant role in ensuring that the level of deaths on the roads has been reduced to the extent it has over the last 12 months.

The Bill also introduces administrative fixed penalties for certain drink driving offences which came into place from January 2011. This is another key step in changing driver behaviour. While the strategy to tackle drink driving is working, much more must still be done. Evidence of this is the number of people that continue to be caught; for example, 323 drivers were detected drink driving during the St. Patrick's Day holiday period last year.

On the other hand, however, 849 people were arrested for speeding during that same period last year. Speeding continues to pose an even greater risk of road deaths and serious injuries in Ireland. In November last year, the safety camera contract was signed, with a network of safety cameras coming into operation in early November 2010. The cameras are deployed in areas that have been identified as black spots. Donegal, Cork and Meath have the highest number of locations. All of us, myself included, have form with regard to speeding. We must make a greater effort in planning our journeys and changing our behaviour. Many have accepted the attitude to drink driving but we have some way to go with regard to speeding. I have to do that as much as others. Perhaps there should be a greater focus on that issue.

Another issue that is often overlooked is sleep deprivation, where people continue to drive when tired. In that context I ask the Minister to discuss this with the National Roads Authority, NRA. There is now a fantastic network of motorways but some of the lay-bys that are in place remain fenced and inaccessible for drivers. There must be a greater effort to put road stops in place. They need not be as elaborate as those on the M1 that fall within the greater curtilage, as it were, of the Dublin commuter belt. There was an initiative in the NRA to try to do this through public private partnership but with money no longer available it was not possible. Far less sophisticated road stops could be put in place at much reduced cost. What is involved is a basic rest area with access to coffee, whether that be from a vending machine or otherwise. I do not believe it requires the multi-facility type of rest areas which we are familiar with, where there are larger volumes of traffic that make their provision economically possible. We must become far more focused on dealing with impaired driving as a result of sleep deprivation. Perhaps the Minister will examine this matter in association with the NRA in due course.

Reducing excessive and inappropriate speed on our roads is a key road safety issue for all road users, and the safety cameras should have a major impact both in deterrence and enforcement. The announcement was a major milestone in our efforts to reduce the number of fatalities on our roads as a result of speeding. The scheme, which was rolled out by An Garda Síochána in partnership with the GoSafe consortium, provides 6,000 hours of monitoring and 1,475 hours of surveying per month. Perhaps in a review of that contract it will be possible to deal with the safety issue that has emerged with regard to how people appear to deal with the operators of those vehicles.

The modernisation of driver training and licensing is another key foundation stone of the current road safety strategy and is one on which progress has also been made. Following a consultation process, the RSA presented proposals for a graduated driver licensing system, GDLS, for Ireland to the former Minister for Transport, former Deputy Noel Dempsey, who considered and approved them. The RSA published its proposals on 1 September 2010. The Road Safety Authority announced nine additional measures to protect learner and inexperienced drivers. These new measures will enhance the way in which drivers are trained, tested and licensed in Ireland. The first phase of the modernisation project has already been completed.

Some of the new measures include a requirement on first-time learner permit holders to undertake mandatory basic training of 12 hours with an approved driving instructor and to produce a log book signed by their instructor. This will come into effect from April this year. There are also a number of good programmes in secondary schools throughout the country. I am aware of a number of companies which provide that service in association with private finance. It is provided as part of transition year. I am aware that the Department of Education and Skills considered this previously but there was resistance to involving driver training in the curriculum. Perhaps this is something the Minister could reconsider. If the system that is currently available to schools through these private operators is successful, I ask the Minister to consider it for his future programme now that he has taken over this brief. Perhaps he will include it in that programme as something to be considered. Unfortunately, by the time many young people commence their formal driving instruction they have already developed habits, ideas or views that may be contrary to good driver behaviour. By ensuring the appropriate level of information is available to young people at the earliest possible opportunity, the State will reap dividends at a later stage. Penalty points for specified offences will also be increased for learner and novice drivers, posing a greater threat of disqualification. I urge the Minister for Transport to proceed with the next phase in the GDLS modernisation project.

It is not just driving under the influence of drink that continues to be a cause for concern; it is also illegal to drive while under the influence of drugs. Drug driving poses a serious threat to road safety, not least because it is so hard to detect. Unfortunately, there has been no feasible solution found in Ireland or Europe for the introduction of a preliminary roadside test for drugs as testing devices are still at the prototype stage. However, I understand advances have been made in Australia, and the Minister might look into the system in that jurisdiction. When a garda suspects that a motorist is driving under the influence of an intoxicant, whether it be drink or drugs, he or she may arrest the driver. However, unlike alcohol, there is no legal limit for drugs.

The current road safety strategy provides for a review of the legislation and appropriate enforcement options. It also provides for the development of testing of impaired drivers based on the incidence of drink or drug driving or both. The Road Traffic Act 2010 provides for such preliminary impairment testing, including additional powers for gardaí to ask drivers to perform a series of simple roadside tests to assist gardaí in forming an opinion as to whether a driver is under the influence of an intoxicant. According to Professor Denis Cusack, director of the Medical Bureau of Road Safety, gardaí are to receive new powers and training in the detection of drug driving. I understand direction in field impairment training for officers began in January.

While the Road Traffic Act 2010 is the first item of legislation to deal with the threat of drug driving to road safety, much remains to be done in this area. I urge the new Minister for Transport to prioritise this issue. I appreciate it is in its infancy in terms of the equipment available to the Garda, but a person of the Minister's zeal will be eager to take on the challenge. During the St. Patrick's Day festivities last week, the Garda Síochána made clear it would not tolerate dangerous behaviour, in particular driving under the influence of drink and drugs. We must continue to get that message out to ensure there is the same zero tolerance attitude towards drug driving as we have succeeded in achieving in respect of drink driving.

The transformation of our road network in the past ten years, particularly in the mid-west, has undoubtedly greatly improved the safety of our roads. Since entering government in 1997 Fianna Fáil invested more than €8 billion in the road network. In 2005, we launched Transport 21, a ten-year plan for the delivery of an investment of €34 billion in infrastructure. There is no doubt that the completion of the major inter-urban routes has greatly added to road safety records. We also completed the 32 km M50 upgrade scheme in 2010, four months ahead of schedule. The provision of more than 750 km of motorway linking Dublin with the principal cities has reduced journey times, increased the reliability of journeys and improved road safety. It has not been about enabling motorists to drive faster but rather facilitating safer travel on roads which meet standards that are necessary and appropriate. This will ensure that fewer people die in road accidents.

The key determinant of road safety performance is the behaviour of road users, and the primary focus of our road safety strategy in government has been to influence that behaviour positively. One of the most noticeable trends in the latest statistics is the number of men killed. Of the 49 deaths thus far in 2011, 38 were male and 11 female. I urge the Government to look at ways to target and change the behaviour of young male drivers in particular, including through school-based initiatives. By the time many young men purchase or have access to their first car they have already made up their mind what a vehicle should symbolise, which is often an extension of the personality or ego of the individual. We must break that link by intervening at a much earlier stage in young people's lives in terms of driver education. The emphasis of the Government must be to ensure the figure of 252 committed to in the Road Safety Strategy 2007-2012 is not exceeded for each of the remaining years of the strategy and that it continues vigorously to pursue and build on Fianna Fáil's achievements in tackling road safety in the past ten years.

Deputy Dessie Ellis

I dtús báire, ba mhaith liom comhghairdeas a dhéanamh leis an Aire, an Teachta Varadkar, a bhfuair jab nua le déanaí. Is mian liom tacaíocht a thabhairt don Bhille seo. Sílim go bhfuil sé an-mhaith ar fad. I welcome the Minister and look forward to meeting with him on a regular basis. I welcome this Bill on behalf of my party despite some issues which I will discuss later and which I hope the Minister will take on board. I intend to table amendments on later Stages.

I commend such bodies as PARC Road Safety Group, Alcohol Action Ireland and the Road Safety Authority on their tireless efforts in forcing the Government and the general public to take action on an issue which has touched every person on this island in some way. Sinn Féin supports mandatory roadside breath testing, as this Bill proposes albeit at the current higher blood alcohol rate. Great strides have been made in dealing with road accidents and drink driving, with the number of road deaths steadily reducing year on year. This year's figures are particularly disappointing in that context but it is to be hoped that they are a statistical variation and that the number for the year as a whole will show a reduction on last year. The measures in this Bill should have a positive effect on those figures.

The link between alcohol and narcotics use and road deaths is recognised internationally as a major concern. The European Commission estimates that at least a quarter of road deaths can be attributed to alcohol. The World Health Organization, WHO, estimates the role of alcohol in road deaths to be even greater. Too many crashes and deaths on our roads are alcohol related and therefore avoidable. The introduction and enforcement of randomised breath testing in July 2006 led to an immediate decrease in the number of road deaths as well as a reduction in the number of hospital admissions resulting from road crashes. In the first six months after the introduction of random breath testing, provisional data show there was a 10% reduction in hospital admissions following road crashes compared with the corresponding six months in the previous year. In 2006 the Garda made 17,868 arrests for driving while intoxicated, an increase of 34% on the figure for 2005.

It is unacceptable that it has taken this long to get the ball rolling and enact these laws, which all parties in the House support. Every effort should have been made to ensure evidential breath testing equipment was made available instead of having to wait until September 2011 for that to be done. I have a concern regarding subsection 2(1), paragraphs (a) (b) and (c), of the Bill. There is some confusion around this subsection, as PARC Road Safety Group has pointed out. These paragraphs should be separated by the word “or”. This little word makes all the difference and I ask the Minister to take this on board.

There are other issues, such as the lack of a definition of "prejudicial to the health of the person". We need a clear definition of what this means. How is a garda to ascertain whether to conduct a breath test would be "prejudicial to the health of a person" or not? This reference, without a clear definition, places an undue burden on the gardaí yet again; under the present law they have to "form an opinion" before testing. We have seen the consequences of such a burden, with 92% of surviving drivers in fatal collisions not being tested for alcohol in the years 2003 to 2005, the latest available statistics. Is it really feasible or right for a garda to be making any decision about health without consulting a medic? I ask the Minister to examine this important point.

There are no proposals in this Bill to deal with the issue of "drug driving". Incidents of drug driving are on the rise, with research showing that it could be as serious a problem as drink driving. Research conducted by the Road Safety Authority states that as many as 22% of 17 to 34 year olds admitted they were a passenger in a car driven by someone under the influence of drugs. This is a serious problem and I ask the Minister to address this as a priority.

Another point that must be made relates to investment in public transport. In Dublin, our bus services have been on the receiving end of seemingly unending cutbacks which have meant huge curtailment of routes. We must get our public transport services in order as a priority; this will also pay dividends in advancing road safety. Rural transport has also seen serious cuts over the past couple of years, which could lead to a fall in safety standards. The Government should make investment in public transport services a priority. We have one of the lowest State subsidies in public transport in the European Union, an issue that must be looked at.

Transportation of waste materials on the roads is another issue. The Minister should examine the idea of applying penalty points for vehicles that do this. I have been pressing for this for many years because it would have a deterrent effect on those who are illegally dumping.

The Government should explore the idea of a widespread public education campaign to accurately inform drivers of the effects of alcohol and drugs and how long it takes before a person can safely drive a vehicle after consumption. It should promote a culture of intoxicant-free driving. This campaign should be implemented in schools as well as in the general community, in the media and wherever alcohol is sold.

We need preventative education and good strong laws to challenge the widespread culture of impaired driving, but these are not enough on their own. It must also become socially unacceptable to drive while impaired. We therefore must develop a widespread "counter-culture" of designated or intoxicant-free driving. Young people in particular have a leadership role to play in this regard, although older people also have a responsibility to lead by example.

There have been serious incidents lately with speed cameras and vans being attacked and burnt out. This must be carefully considered and I share the Minister's concerns about that.

I welcome this Bill. It is overdue and I will be proposing amendments on Committee Stage to deal with some of the issues I have mentioned.

Deputy Finian McGrath

I congratulate the Minister, Deputy Leo Varadkar on his appointment. I thank the Cathaoirleach for giving me the opportunity to speak on the Road Traffic Bill 2011. Before I go into the detail of the Bill, it is important to state here and now that drink driving is a no no for all motorists. Driving is dangerous enough so it is essential that drink driving is put beyond the Pale.

There are issues about having one pint and the problems faced by rural pubs — I understand that — but there are other solutions and ways to save the local pub. Allowing drinking and driving is no solution and we must all face that. Too many people have been killed or maimed, and too many families have had to suffer the loss of a loved one. That is why I support this Bill.

The Bill amends the existing legislation to allow for the mandatory alcohol testing of drivers following a collision in specific circumstances. The Bill was introduced following a delay in commencing the Road Traffic Act 2010. When we look at the details of that Act, it provides for the mandatory testing at collisions where an injury has occurred, as well as lowering permitted blood alcohol content levels to 50 mg per 100 ml and 20 mg per 100 ml for novice drivers. The Acts will not be commenced pending completion of the testing of evidential breath testing machines that are capable of testing at the new lower levels. Testing and training in their use will be completed this autumn.

Until the 2010 Act is commenced, breath testing is not mandatory and permitted blood alcohol content levels remain at the higher level of 80 mg per 100 ml. The Road Traffic Bill 2011 provides for mandatory testing where a collision leading to an injury takes place at the higher blood alcohol level of 80 mg per 100 ml. This is the main point of the Bill and it is a very important issue.

There is a lot of emphasis on alcohol but I would like to address the issue of drugs. We must face up to the reality that many young people are on drugs, often when they are driving. This is a major issue for society and for road safety. We must tackle this and I do not accept for a minute any blame being placed on disadvantaged young people for being involved in drugs when most of the market now for drugs like cocaine is driven by wealthy individuals; they are keeping the drug barons in business. Recent convictions in the courts prove my point.

Speeding is a major problem because of some of the new roads and the speeds of which modern cars are capable. The motor industry must look at this. Most young male drivers and many older male drivers, when they get into the car and see a clear run, will put the boot down and the reality is that the vast majority of these people do not realise how powerful the cars are.

I heard people in the last Dáil talking about the crisis in rural pubs. That is an issue, where senior citizens face difficulties in getting to the pub for a pint or two. I accept that point but we must come up with other solutions. A proper rural bus service would be one solution and publicans themselves can often be creative and put in place services to collect and bring people home. In many rural areas, the pub is the focal point for community and voluntary groups and fundraising activities. We must face that reality while recognising that the solution is not drinking and driving but coming up with other radical and sensible ideas. I call on publicans to be creative about this because they must face up to the issue. Elderly people who want to frequent their local pubs should be provided with transport. We must, therefore, re-examine the idea of community spirit. This country enjoyed ten to 15 years of massive wealth but one of the greatest mistakes we made during that period was to lose that concept. We need to bring back a sense of community spirit among people, particularly as it is relevant to the debate on the legislation relating to road traffic accidents.

I take this opportunity to commend the people directly involved in providing accident and emergency services. I commend ambulance drivers, nurses and doctors who do a tremendous job in this regard. Such people are obliged to deal with the results relating to the issues with which we are dealing in this legislation. Theirs is not an easy job and it is important to ensure that they are not hammered on a regular basis by those in the media or by some elements in this House. Many of those individuals are obliged to work late shifts and must deal with antisocial behaviour or with being assaulted. I am aware of many cases where ambulance drivers and others who work in accident and emergency departments have been assaulted while trying to do their job. These people should not be subjected to violence. In that context, we must ensure that the real issues are dealt with as part of this debate.

In dealing with issues relating to road safety, alcohol and drugs, we must also consider the position with regard to our roads. I welcome the fact that a number of fantastic motorways and roads were constructed in the past nine to ten years. I also welcome the fact that the putting in place of these carriageways has led to a reduction in the number of accidents and has improved the position with regard to road safety. We must, however, focus on the condition of minor roads. This is an issue up to which the Government must face.

It is not just a case of building roads for the sake of doing so or in the context of commercial interests in order to ensure that our economy gets back on track. In the context of job creation, major potential exists to develop, restructure and repair minor roads to a proper standard. Consideration should be given to this matter when the capital expenditure programme is under review. The Government should not run away from this issue because we are not just discussing road safety; we are also concerned with the many tens of thousands of workers who were laid off following the downturn in the housing market.

The putting in place of ramps on many roads and streets throughout the city of Dublin has also been of assistance in the saving of lives. In my constituency, people prefer to refer to them as speed cushions. These ramps have been extremely successful and the doctors who work at the National Children's Hospital in Temple Street will say that the reduction in speed to which they have given rise has led to many children's lives being saved. These are all matters of importance.

The Minister should inform the NRA that it must wake up and smell the coffee in respect of our motorways. The latter built a number of fantastic motorways but there are no areas where, during long journeys, people can pull in to rest, use the lavatory or have a cup of coffee. Such areas must be provided. During the past 20 years, I and my family have driven around France while on holiday. In that country, one can pull in and get a cup of coffee or avail of other services. This is a fantastic plus for people who are obliged to drive long distances. In addition, it generates employment in the catering industry. The Minister should tell the NRA to get its act together and provide some of the services to which I refer, particularly as this would lead to job creation and would also be of assistance in saving lives.

Section 3(4) provides that before making a requirement under subsection (1) the member of the Garda Síochána shall consult a doctor treating the person and if a doctor treating the person advises the member that such a requirement would be prejudicial to the health of the person, the member shall not make such a requirement. This is an important subsection and I hope that its provisions will not be abused.

Section 3(5) provides that for the purpose of making a requirement of a person under subsection (1), a member of the Garda Síochána may enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him or her to be. This is an important additional power that is being bestowed on the Garda. Again, I wish to impress upon the Minister and his officials, particularly in the context of section 3(5), the fact that an approach more geared towards the community policing model is required when dealing with issues of this nature. Officers with good communication skills will be required in order to deal with the type of situations which might arise.

There is also a need to deploy additional community gardaí to patrol accident and emergency departments, particularly on Friday and Saturday evenings. One can practically predict the times at which rows will break out in certain accident and emergency departments. As stated earlier, this is an area where action must be taken.

Section 3(4) and (5) deal with the question of Garda powers. Such powers should never be abused. Gardaí are meant to serve members of the public and society as a whole. That is a crucial consideration they must be reminded of when it comes to exercising the powers envisaged in the Bill. Members of the force must be both professional and objective. I welcome the fact that there are no costs associated with the proposals contained in the legislation.

I support the Bill. As an Independent Member of the Oireachtas, I will vote on individual items of legislation as they arise. If a Bill is sensible and is in the public interest, then I will support it. If the opposite is the case, I will oppose the relevant legislation.

Deputy Catherine Murphy

This is a temporary measure which is designed to fill a gap until September. I was in favour of the primary legislation so I will be supporting the Bill. It is strange that it has taken until now to introduce this worthwhile item of legislation. In the context of this and other Bills, I will be seeking to evaluate how their provisions will be applied. Too often we are told that there are sufficient laws on the Statute Book but that these are either not applied or not fairly applied. We must, therefore, anticipate this in the context of any legislation we pass and seek a remedy in parallel.

Mandatory breath testing will apply from later this year. While the only evidence available to me is anecdotal in nature, it appears that breath testing is generally applied in areas where large numbers of gardaí are stationed. It is unusual, for example, to see gardaí engaging in breath testing on a weekly basis. However, it is not unusual to witness this type of activity in Dublin's city centre — which has quite a good public transport system — on such a basis. Prior to Christmas, I was stopped at a random checkpoint and asked to submit to a breath test. I was happy to do so and I am delighted to say that no issues arose and I was permitted to drive on.

I know several people who live in the city centre and I am aware that it is not unusual for them to be pulled over and asked to submit to a breath test. However, in the area where I live, which is located just 11 miles from the city centre, such an occurrence would be much more unusual. The reason for this relates to the disparity that exists in the context of the numbers of gardaí stationed in different parts of the country. It is typically the case that at long weekends or at times when anti-drink driving campaigns are in train one will see many checkpoints.

There is far too much localism in national politics. The reason for this is that decisions taken at national level sometimes give rise to inequities. The ratio of gardaí to population is part of this. I obtained some statistics from the www.kildarestreet.com website on this matter. They were compiled on foot of a number of parliamentary questions that were tabled last year, including some from Deputies who represented my constituency at the time. The statistics show that Kildare, which has a population of 186,000, is at the worst end of the spectrum, with just 328 members of the force stationed there. I expect that the forthcoming census will show an increase in the population of the county. At the other end of the spectrum, there are three more gardaí stationed in Sligo-Leitrim, where almost 100,000 fewer people live, than in Kildare. This has a direct impact on how the law is applied and on the quality of the service supplied by the Garda.

I understand this matter does not fall directly under the Minister's brief. However, there is an overlap. The areas worst affected when it comes to the number of gardaí stationed there are Kildare, Meath and Wexford. All three were the subject of rapid increases in population in recent years but the services on offer in each have not kept pace with the level of increase. A 33% increase in the number of gardaí stationed in Kildare would bring it up to the average. That is an indication of how bad is the position.

I am anxious to ensure that adequate resources will be available to implement the provisions contained in Part 2 of the Road Traffic Act 2010 when they come into operation in September. In light of the current embargo on public sector recruitment, the only way to resolve the problem with regard to the deployment of gardaí is by way of transfers. The Garda Commissioner is obliged to manage the resources available to him within the constraints which apply in respect of the embargo. He is responsible for deploying resources, and I understand this separation of functions. However, it is not unfair to seek a level of equality, because it will impact on this issue. I accept that extra resources must be deployed to city centre areas where specialised divisions may be based. No one objects to gardaí being deployed to specific areas, such as Border counties or areas of conflict, such as small pockets of Limerick. Nevertheless there is an equity issue and it will impact on the Minister's task of managing road safety.

Road safety is an issue for all of us. It is not a simple matter of passing laws but also of looking at how the law is applied. That is the primary point I wish to make.

Deputy Thomas P. Broughan

With the agreement of the House, I will share my time with Deputy Michael McCarthy.

I am glad of the opportunity to speak on this Bill. I wish the new Minister for Transport and the Minister of State, Deputy Alan Kelly, the best of luck in their new Department and hope that road safety will assume the highest priority on their agenda. In the past, the Minister and I have clashed on economic policy but I hope we will agree on transport matters.

I also wish the former Minister, Mr. Noel Dempsey, well in his retirement. Unfortunately he was very lethargic in many areas that were key transport responsibilities and there were particularly unacceptable delays in many critical road safety programmes. In fact, it is part of this lethargic legacy that we are here today discussing in this Bill, given the legislative agonies we went through last year over the 2010 Road Traffic Act. Colleagues spent a long time invigilating and amending the 2010 Road Traffic Act, which was supposed to be the most comprehensive legislation in years to deal with all outstanding road traffic and road safety issues, especially in relation to the lowering of the drink-drive limit.

A critical element of the 2010 Act was the introduction of mandatory breath testing of all drivers involved in a serious road collision, a provision which had cross-party support. Yet, apparently, we need to introduce an amending Bill to immediately implement the mandatory breath testing provision that was provided for in the 2010 Act. The incredible explanation for this legislative mess that we received from the former Minister is that the mandatory breath testing provision was inextricably linked to the introduction of the lower drink driving limit to 50 mg in Sections 9 and 14 of the Road Traffic Act 2010, which will not come into effect until September 2011. This delay in implementing the lower drink driving limit means that the mandatory breath testing provision has also been pushed back until the autumn. The question of why the lower drink driving limit and the mandatory breath testing of all drivers involved in a serious collision have to be introduced at the same time remains.

The lower drink driving limit has resulted in the need for recalibrated evidential breath testing machines for the decrease from the 80 mg to the 50 mg limit. It is still not entirely clear why mandatory breath testing had to wait for the lower drink-drive limit and the recalibrated evidential breath testing machines. I hope the new Minister may be able to provide some explanation for this astonishing legislative cock-up of the previous Minister.

Mr. Gay Byrne and Mr. Noel Brett of the Road Safety Authority, RSA, continue to do an outstanding job. While one death on the road is one too many, last year we had one of our best years ever for reducing road deaths and serious injuries. Unfortunately the Garda figures for this year are disappointing and there has been a worrying trend of an increase in road deaths in 2011. Some 56 citizens have tragically lost their lives on Irish roads so far in 2011, compared to just 39 for the same period in 2010. The Minister may remember that the number of accident casualties also increased in the year 2005. It will be a key responsibility for the Minister to ensure that we continue this downward trend. There can be no room for complacency. Maintaining a high level of road safety depends on being ever vigilant and maintaining high levels of enforcement.

During the debate on the 2010 Road Traffic Act, research by Dr. Declan Bedford was cited which indicated that only approximately 8% of surviving drivers from fatal road collisions are tested. The introduction of mandatory breath testing will clearly have a much needed deterrent effect on dangerous and intoxicated driving. It should also end the unacceptable anomaly of why some drivers are tested after a serious collision and others are not. This has had serious consequences after fatal collisions in the past. During my time as Labour transport spokesperson I was briefed on a number of tragic cases that involved these appalling types of circumstances, where it could never be determined if a surviving driver had been negligent, at fault or even over the limit.

Mandatory breath testing regimes are standard practice in a range of other countries including France, Poland and in the Australian states. I understand that in Great Britain and Northern Ireland the police are instructed to test all drivers for alcohol consumption at collision scenes.

Section 2 of the Road Traffic Bill 2011 amends the 1994 Road Traffic Act in terms of the provision of a preliminary breath specimen. During the Seanad debate on that Bill my colleague Senator Brendan Ryan, now Deputy Brendan Ryan, raised an important issue that has also been highlighted by outstanding national, Donegal-based road safety campaigners PARC. I understand their outstanding leaders Ms Susan Gray, Ms Ann Fogarty and Ms Donna Price are in the Visitors Gallery again today. Deputy Ryan asked whether the 2011 Bill creates more ambiguity than the 2010 Act in terms of mandating for the provision of breath specimens, given that a test does not have to be carried out if it may be prejudicial to the health of the driver in the opinion of a Garda, as outlined in Part 2 (6) of the Bill. If a driver is clearly in a particularly serious state of ill-health and distress after a devastating crash it may be impossible to immediately carry out a breath test. However, as was raised numerous times during the debates on the 2010 Act, how can a garda make a medical judgment on a driver and the extent or limit of their injuries and whether they appear to be life threatening? This puts a massive onus on an individual garda to make a serious medical judgment for which he or she is clearly not trained. The PARC organisation has always suggested that breath testing should be medically-led. A medically trained professional should determine whether it may be prejudicial to a driver's health if they are subject to breath testing in the aftermath of a serious or fatal road collision.

Another valuable critique of the 2011 Bill by PARC is that there should be a follow-through clause for a driver who it has been decided will not be tested at the scene after a serious collision because of health or medical concerns for that same driver. If there is no follow-through clause, will the driver be sent straight home even though a devastating and fatal collision may have occurred? Why is the driver not directed to a Garda station or a hospital so their medical state can be properly evaluated to see whether a breath test is then possible? It would be very disappointing if the 2011 Act diluted this provision of the earlier Act.

There is an unquantifiably tragic human cost to thousands of families across the country each year due to deaths and serious injuries on our roads, but the carnage on our roads also creates a large economic and social cost to society. In 2008, for example, the estimated cost of the total number of fatalities and injuries in road collisions recorded by the Garda Síochána was €1.2 billion. This is a standard cost benefit analysis estimate. In this context, one of the ongoing sagas in the last Dáil was the issue of the need for new and recalibrated intoxilyser machines to implement the reduced drink driving limit. When I raised this issue with the former Minister in July 2008 he said then that it would "take to the end of 2009 or early 2010 to complete". I understand the current deadline for the introduction of the new recalibrated breathanalyser machines is the autumn of this year. I understand a preferred bidder has been selected by the Medical Bureau of Road Safety and I hope the Minister will be able to tell us at the conclusion of this debate where we stand on this matter.

I would also like to bring to the Minister's attention the impact of the Road Safety Authority's TV advertisement campaign, following a cut of €5 million from the RSA's budget in last December's budget. These advertisements are, undoubtedly, often shocking, but chief executive of the RSA, Mr. Noel Brett, has previously stressed that TV is one of the most powerful mediums to get the road safety message across. We need to do that, following recent tragedies.

In addition to initiatives in detecting illegal and dangerous driving on our roads, the other critical element of road safety is enforcement. This can be clearly seen on bank holiday weekends when a massive road safety campaign is undertaken by the Garda Síochána and the RSA to detect speeding and other dangerous driving behaviour. There is usually a clear and obvious reduction in collisions and fatalities on our roads during these holiday weekends when the Garda traffic corps is out in force. It is a pity that we cannot see this level of enforcement throughout the year.

On 12 January last, in a reply to a parliamentary question, the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern informed me that in December 2009 there were 3,439 mandatory alcohol testing, MAT, Garda checkpoints and that 47,994 roadside breath tests were carried out at those checkpoints during the same month. Yet, in December 2010 there were just 2,813 MAT, Garda checkpoints and only 26,640 roadside breath tests at the checkpoints in the same period. The Minister rightly highlighted the different weather conditions in the most recent Christmas period. Even allowing for that, there has clearly been a decline in the number of checkpoints. Last June, former Garda Commissioner Fachtna Murphy confirmed to me at the Committee of Public Accounts that there was a massive drop in mandatory alcohol tests from 79,423 in 2008 to 55,285 in 2009.

In addition, he explained there had been a massive drop in the number of Garda checkpoints from some 80,000 in 2008 to 55,000 in 2009 and fewer again in 2010. This highlights one of the problems of road safety, namely, that two Departments are involved and the Department of Transport does not have the ultimate enforcement powers.

Another issue I wish to raise with the Minister is the increasing problem of drug driving. I welcome the focus the RSA has put on this issue, with new media campaigns highlighting the devastating impacts of drug driving. The Road Traffic Act 2010 introduced preliminary impairment testing for drug driving. I welcome the report in yesterday's Irish Independent that up to 9,000 gardaí are in training for a significant clampdown on drug driving through the use of roadside checks. However, I hope that, in contrast to the former Minister, Mr. Noel Dempsey, the new Minister will finally push forward even stronger new initiatives to tackle the growing and pernicious problem of driving while under the influence of drugs.

The Minister should strongly investigate the suitability of random roadside drug testing programmes which would also introduce a significant deterrence factor for those drivers who have taken illegal drugs. I have previously cited a 2008 investigation by the Hibernian insurance company which reported that more than 20% of drivers under the age of 35 had driven while under the influence of drugs. A July 2009 survey from the CSO indicated an 81% increase in drug driving since the previous year. This is probably just the tip of the iceberg, however, as there is no random roadside drug enforcement and testing regime.

I repeatedly asked the previous Minister, Mr. Dempsey, during the last Dáil to consider the initiatives already in place in the Australian states, in particular New South Wales, Tasmania and Queensland, where saliva testing equipment is available and a police officer simply asks a driver to give a small specimen, with the result that the use of a range of intoxicating drugs can be identified. For some peculiar reason, the previous Minister and the Department seemed to suggest this was not possible in Ireland. When the Acting Chairman, Deputy Costello, was spokesman in this area, he raised the same issue.

We must address not only the issue of impairment through alcohol use but also impairment through the use of a range of other drugs, which is still not being sufficiently tested. I hope the Minister will address these issues in his reply and on Committee Stage. Again, I wish the Minister well and welcome the Bill.

Deputy Michael McCarthy

I wish the Minister, Deputy Varadkar, and the Minister of State, Deputy Kelly, well in the Department in the years ahead. If we can make a serious improvement in terms of reducing fatalities and ensuring safer roads, it would be a very healthy aspect of this Administration.

This is my first contribution to the House. I consider it an honour to be elected as a Labour Party Deputy for Cork South-West. I am the fifth Labour Deputy for the constituency and the fourth from my home town of Dunmanway. I am particularly pleased to speak on the Bill. Road safety is obviously a very important issue nationally, and a critical one in my home area. It is a particular honour for me to contribute to such an important debate in my maiden speech in the House.

It is very welcome that we have experienced a decline in the number of road deaths in the past decade. I read in today's newspaper that from January 2011 up to this week, 55 people have died on our roads, and that figure is 16 more than for the same period last year. It is a reminder, if we need it, that we cannot become complacent in terms of taking our eye off the bigger picture or of assuming that when the figures are positive, this will continue to be the case into the future. Such statistics remind us, unfortunately, this is not the case.

There is probably no one in the House who has been unaffected by the issue of fatalities on our roads. In our families, neighbourhoods and communities, we readily see the devastation and trauma that occurs throughout the country. It is particularly difficult for families and communities to recover from this. When one considers the circumstances that lead to such fatalities, including the mindlessness and the attitudes concerned, one can arrive at the conclusion that everything about the issue is pointless. The circumstances that allow a person to drive under the influence of alcohol or drugs with the result that lives are lost because of such mindless behaviour, are particularly difficult to stomach.

In the case of rural communities, we have long had a situation where there was almost an assumption that a person was entitled to have a few drinks and get behind the wheel of a car. Changing that type of mindset was a major task in terms of trying to address the fundamentals of where we were going wrong in terms of road fatalities. We have made major improvements. One need only cast one's mind back to the early 1990s when Mr. Michael Smith was Minister for the Environment and introduced legislation to reduce blood alcohol limits, which met huge resistance at the time.

As a society, it has taken us a long time to become absolutely minded that we must eliminate this behaviour entirely. While it causes huge difficulty in terms of getting people to shift to this way of thinking, nonetheless, it is an important place for us to be. Changing attitudes and the behaviour people have become used to is a fundamental task. Although we have overcome it to an extent, driver behaviour remains a challenge into the future.

In terms of contributing to legislative change, the change required in behaviour and social habits is important in terms of ensuring we reduce the number of fatalities on our roads. It is possible to make changes in terms of improving the road network and improving driver behaviour through coercive measures such as the shock advertisements on television. I ask the Minister, Deputy Varadkar, to take up this important issue. In terms of communicating the devastation involved, it is important we examine television advertising and the resources made available to the Road Safety Authority in this regard. Early intervention through, for example, the schools is also important. Showing advertisements with this kind of shock value to the young helps to inculcate in them an understanding of the evils of drink driving, speeding and the unfortunate tragedies that follow in terms of lost lives.

When one qualifies for a provisional licence at 17, there is a huge sense of excitement and enthusiasm in regard to getting behind the wheel of a car for the first time and asserting one's independence as a young adult. It is important in terms of Government policy that we use the schools to get into the minds of younger people from a very early age so, when they arrive at the exciting point where they qualify for a provisional licence, they are extremely cognisant of the responsibilities on them as young drivers, particularly in terms of the downsides of driver behaviour. If one begins with the younger generation, it is much easier to influence and even change behaviour.

The smoking ban serves as a comparison. It is now socially unacceptable to smoke in this country, which is a major sea change from the position some years ago when one could smoke on buses, trains, aeroplanes and in all aspects and walks of life. Changing the mindset is critical in this regard.

We in the House must ensure we provide the legislative framework for the Garda Síochána to make our roads safe. I appreciate the Bill is an interim measure until the Road Traffic Act 2010 comes into effect later this year. My main point is that while it is all very well to introduce laws, we must ensure sufficient resources are available for the Garda to enforce the law, as well as for the Road Safety Authority to do its job.

When it comes into effect, the Bill, although not as stringent as the 2010 Act, will provide the legal basis for the mandatory testing of drivers in certain circumstances. While this is to be welcomed, we must ensure the technology that will be deployed by the Garda is capable of dealing with the issues that arise. We must ensure a situation does not develop whereby people who want to avoid prosecution and penalties will test the legality and constitutionality of this type of infrastructure in the courts. There would be an enormous backlog of cases. We must be cognisant of that before we set out.

The developments contained in this Bill and those that will come into effect later in the year will reinforce our drink driving enforcement regime and will also give out the constant message that drink driving simply will not be accepted. There is absolutely no ambiguity with regard to the law in this area and that is why I believe it is prudent to postpone the introduction of evidential breath-testing devices until later in the year. This will allow time until the testing of and training with the machines is complete and we will avoid the possible vista I outlined.

The Bill is an interim measure. It maintains the current permitted alcohol levels in advance of tighter regulations to come into effect later in the year. When the new blood alcohol concentration levels for drivers come into effect, including lower levels for recently qualified and younger drivers, they will bring about a very stringent approach to drink driving. For learner drivers, if we begin this type of regime early on in driver life and for those driving for the first time, it will be a particularly proactive and effective measure towards what we seek. We have seen much progress in recent years on these issues and it would be unacceptable to let such progress slip away. We must ensure that resources are in place for the Garda Síochána and the National Safety Council.

I have no hesitation in supporting this Bill and I wish the Minister, Deputy Varadkar, and the Minister of State, Deputy Kelly, the very best in the Department in years to come.

An Ceann Comhairle

Is Deputy Kitt sharing his time?

Deputy Michael P. Kitt

I wish to share time with Deputy McConalogue.

An Ceann Comhairle

The Deputies have ten minutes each.

Deputy Michael P. Kitt

I welcome the Minister to the House and congratulate him on his appointment and for introducing this legislation. He can be assured of my party's support in making Irish roads safer in the coming years and for many years to come. I recognise the contribution, as did the Minister, of his predecessors, Noel Dempsey and Martin Cullen, the various spokespersons on transport and the Road Safety Authority civil servants who worked on this most important legislation. I do not forget the campaign groups which kept pressure on all of us in respect of road safety.

As other speakers mentioned, next September there will be an introduction of lower blood alcohol concentration levels for drivers and drug driving enforcement, which I believe to be very important. There has been a greater emphasis on the involvement of drugs in accidents and this must be tackled. It is also important to say that in supporting the reduction in blood alcohol levels we must ensure the rural transport initiative is further enhanced. It is a very good scheme and although I would like to see more taxis available in rural Ireland, of which we do not have enough at present, there is a rural transport scheme in place which could be improved. I would like to see the Minister achieve that.

Other speakers noted we have a better road system now than we had ten years ago. One of the first motorways from Dublin was the one to Galway city which has been most successful. People in Ballinasloe, near where I live, always say they are nearer to both Dublin and Galway than they used be, which is a great boon for people in the area. I shall return to that matter because there are certain problems arising from motorways which lead to many accidents. We can be thankful there is very good driver behaviour on motorways at present but I am not satisfied we have enough service areas. I shall return to that.

Although my party supports the basic tenets of the Bill I wish to raise the matter of driver tiredness. One of the publications of the RSA offers advice for fighting sleep at the wheel, making the point this behaviour is as dangerous as driving over the legal alcohol limit. It gives three recommendations for a driver who wishes to continue driving even for one more hour. The first is to find a safe place to park; the second to drink two cups of strong coffee or stimulant drink with caffeine, the third to take a nap for no longer than 15 minutes. People who drive a great deal, as politicians do who live in rural Ireland, must be aware of that advice.

This raises the issue of service stations. Like many of my colleagues, I have been in contact with the National Roads Authority as to what can be done about them. There is a very good service station on the road I know best, at Enfield on the Dublin to Galway road but there is no other service station between that and Galway city, which is a problem. When I contacted the NRA I was given a great deal of detail about what is planned in regard to service areas. Seven are planned, one of them is in Athlone. Another was proposed for Rathmorrissey in County Galway as part of both the Dublin to Galway route and the motorway known as the M17, the proposed Galway to Tuam road, which was rejected by An Bord Pleanála. Perhaps the Minister might be able to get more information on this matter. I tried my best to promote the idea of a service station for that area. We hope the Gort to Tuam motorway will begin and I hope the Minister might press the issue with the NRA.

An interesting aspect is that some of these projects were done under the public private partnership mechanism, which is welcome. Is there a chance that private developers might be able to offer proposals for service areas? Many speakers noted that we do not need elaborate service areas, merely a basic place where people can stop. I do not mean anything as elaborate as some of the proposals made which are very expensive and would not be sustainable in the long term. The proposals made by some developers are fairly simple, basic and straightforward. I hope the Minister and his Department will look at this matter.

There is another issue concerning road safety, namely, the testing of cars. The people who carry out car testing, the NCTs, are very flexible. One can have one's car tested at the weekend, early in the morning or late in the evening. However, there appears to be a shortage of centres. For example, there is no centre between Athlone and Galway city. That is not the way to go — we should make the process much simpler. Towns and smaller places such as Ballinasloe or Mountbellew, for example, should have that facility made available. It would be simple enough to set up a test centre of that kind.

The other issue I wish to consider is research into driving with safety. There is a project called the safe drive system which I understand to be a monitoring system that will catch speeding and a company in Waterford, Big Bro Trackers, is very involved in this. Such a scheme would be most helpful to parents with young drivers in the house. It has featured in some of the research carried out. However, that is only one issue. I hope others will be examined by the Department and the Road Safety Authority, for example, the types of materials we use on our roads, the surface dressing. This issue has even been brought to Europe in consideration of safety. There are issues such as skid resistance and traffic growth predictions. There are many more cars on the road than there used to be. There are issues relating to green solutions and alternative energy sources, which the Ceann Comhairle was active in pursuing in the last Dáil. There is also the question of understanding driver behaviour. I hope such areas can be dealt with.

I was very encouraged by figures given to us by the Garda Commissioner last October, when he spoke about the change in driver behaviour. He made the point that in 2008, one driver in 150 tested positive for alcohol, in 2009 one driver in 200 tested positive for alcohol but up to October last year, one driver in 400 tested positive for alcohol. That is a significant improvement and I very much welcome it.

My next point relates to road development. I have been on a western inter-county railway committee with Fr. Michéal MacGréil, who Members know as one of the great advocates of rail. I mention this because I believe in a dual road and railway system, which is in place in parts of Ireland. A new service has operated since last year from Ennis to Athenry and I would like to see a dual system rolled out as far as possible along our motorways. It would be sensible to do so and I hope the section of the railway from Athenry to Tuam will also be progressed. Perhaps the Department will consider that in conjunction with the road network. We would have a very good system if we had both road and railways networks.

Deputy Charlie McConalogue

I congratulate the new Minister, Deputy Varadkar, on his appointment. He faces a big challenge and I am delighted to see somebody as young as Deputy Varadkar in the Cabinet. During my election campaign I picked up from the public the need for new blood and an infusion of new people into politics. I am delighted to see the Minister in his new role; although I am a little disappointed not to see more young members in the Cabinet we will also need experience in these challenging times. I wish the Minister well.

As this is my first time addressing the House I will take the opportunity to thank those who worked so strongly for me in the constituency of Donegal North-East to ensure I was elected here to represent the area and work for its people as a representative at national level. I will work on the issues of importance to the constituency, driving them in the Chamber and ensuring there is progress. I will also make a contribution during this Dáil term to the big issues and challenges facing the country now.

As it is my first time speaking, it is appropriate that I speak to the Road Traffic Bill 2011 because of where I come from. As we are all aware, Donegal is one of the areas at national level which has suffered disproportionately in this regard. I welcome Ms Susan Gray, who is in the Gallery, a founding member of the Public Against Road Carnage, PARC, road safety group. She is from my own parish and I have met her in the past. Like many other families in my local area and nationally, she has suffered loss due to a road traffic accident. She dealt with the issue by taking the initiative and working with other people to set up the PARC safety group to try to improve our road safety. It is a remarkable and commendable act. With the PARC group she achieved a petition signed by 40,000 people calling on the Government to introduce compulsory testing of people involved in road traffic collisions.

Up to now if there is a fatality in a road traffic collision, certain people can be tested but others involved in the incident may not. A very important measure would ensure that the message would go out that drink-driving will not be tolerated. It is also important to ensure that those involved in incidents are tested in order to clarify where alcohol is not involved.

The Bill will be key in allowing for the early introduction of the significant provisions in road traffic legislation to support and reinforce existing measures against drink-driving. The Road Traffic Bill 2011 amends existing legislation and the Road Traffic Act 1994 to allow for the introduction of mandatory alcohol testing of drivers involved in collisions in advance of the coming into force of sections 9 and 14 of the Road Traffic Act 2010 in September this year.

The Road Traffic Act 2010, which was passed into law in July last year, introduced mandatory alcohol testing in specific circumstances, as well as a lower permissible blood alcohol count of 50 mg and 20 mg for novice drivers. Section 9 of the Act provides for the mandatory breath testing of a driver who in the opinion of a member of the Garda Síochána has consumed intoxicating liquor or been involved in a road traffic collision resulting in an injury. Section 14 of the Act, which is linked to section 9, provides for the mandatory testing of a driver of a vehicle involved in a road traffic collision where the driver is injured and removed to hospital. It provides that a member of the Garda Síochána shall test that driver in hospital unless, following consultation with a doctor, it is not possible. There is a close relationship between sections 9 and 14 with regard to blood-alcohol limit levels.

Unfortunately, these sections of the Act were unable to be put in force as the evidential breath-testing equipment could not be recalibrated to the lower blood-alcohol limit of 20 mg per 100 ml of blood until September 20011. In this interim, the Road Traffic Bill we are currently discussing amends current legislation to provide for the mandatory alcohol testing at the scene of collisions, albeit within the constraints of the higher blood alcohol levels.

The provisions of the Bill send a strong message that drink-driving will not be tolerated. Importantly, it also clarifies the powers of arrest conferred by law on the Garda Síochána. The legislation must proceed as quickly as possible to ensure no driver can avoid being tested for alcohol intoxication. I am particularly delighted, on that basis, that the Minister has put the Bill before the Dáil today, following the strong work done by the outgoing Minister for Transport. This will ensure that any gains made in changing driver behaviour following the passing of the Road Traffic Act last year will not be lost between now and September this year.

This is the seventh major legislative initiative taken on traffic law in the past decade by various Governments. In the past ten years we have seen the introduction of the fixed charge and penalty points system, a new structure for speed limits based on metric values, the introduction of mandatory alcohol testing checkpoints in 2006 and the reduction of blood-alcohol count levels for drivers from 100 mg to 80 mg in 2006. The Road Safety Authority was also established and there is a mutual recognition of driving disqualifications between this country and the United Kingdom. Last October a network of privately operated speed cameras was rolled out.

The key determinant of road safety performance is the behaviour of road users. The primary focus of a road safety strategy has been to positively influence that behaviour, and this Bill is another element of that programme, which we should continue. I recognise that the Minister has recognised the work done by predecessors such as former Deputies Noel Dempsey and Martin Cullen. I congratulate the current Minister, Deputy Varadkar, on this and I hope he will manage to continue this success.

The previous Minister, former Deputy Noel Dempsey, accepted the 2010 Road Safety PIN award in recognition of the outgoing Government's successful and sustained strategy in reducing road deaths. The award was made by the European Transport Safety Council and marked an outstanding road safety programme among the 27 EU member states. I hope we will continue to build on that record.

Speed remains a major cause of road traffic deaths and serious injuries. In November last, a contract was signed on the provision of safety cameras which appear to be operating successfully. Those of us who have received feedback on the use of such cameras will be aware of a degree of public annoyance caused by the issuing of fines for speeding. This is a sign that the system is working and indicates that drivers will take note of developments in this area.

The focus of the operation of speed camera vans should be on ensuring they are in place for the greatest possible number of hours rather than on catching the greatest number of people. Recently, I encountered a case of an older person who had never before been fined receiving two fines within ten minutes while travelling to a shop to buy milk. A good appeals process must be in place to address such cases and ensure the system enjoys public confidence.

The psychology and culture of speed is a key factor in road traffic accidents. While many measures have been introduced to address the behaviour of recently qualified drivers and improve driver education, I am not aware of many cases of inexperienced drivers causing road traffic deaths. Speed is usually the main factor involved in road traffic fatalities.

The prevailing culture among a certain group of young people, specifically young men, is that those of them who have had repeated court appearances or received multiple fines enjoy a certain amount of street credibility. We need to focus on this issue. A person who is disqualified from driving for six months can engage in the same behaviour once his or her licence is returned and gain enhanced status among his or her peer group as a result. We should consider imposing on repeat offenders a requirement that they may only drive cars with low powered engines — perhaps 1.0 or 1.2 litre engines — for two or three years. This would address the problems arising from the ego aspects of driving at speed in high powered cars, while acknowledging the right of individuals to continue to drive.

I welcome the measures in the Bill and commend the legislation to the House. I extend my best wishes to the new Minister and hope he will progress work in this area.

An Ceann Comhairle

I congratulate Deputy McConalogue on his maiden speech and wish him the best of luck.

Deputy James Bannon

I congratulate the Ceann Comhairle on his appointment and wish him well in his new role. I have no doubt that, with his vast experience, he will do the country proud. I also congratulate the Minister for Transport, Tourism and Sport, Deputy Varadkar, on his appointment and wish him every success in his new portfolio. I extend good wishes to all the Ministers and Ministers of State appointed by the Taoiseach and look forward to the new Cabinet delivering many ambitious programmes in the months and years ahead.

I am pleased to have an opportunity to speak to this important Bill. Although my perspective on the legislation is from a new position on the Government side of the House, much of what I said in February 2010 on the Road Traffic Bill 2009 still holds good. Road safety is conditional on the provision of safe, well maintained roads. If changes are to be enacted on blood alcohol content, the appropriate number of gardaí required to enforce such changes must be made available. I am aware that the economic constraints we have inherited from the previous Administration will impact on Garda numbers, as they do elsewhere across the civil and public service, but the fact remains that without manpower to back it up this legislation will amount to empty rhetoric.

Many of our roads are in a shocking condition. While it is admirable to amend legislation to help curb drink driving, which is a major cause of accidents, it is just one of the issues which urgently need to be tackled. Coming from Longford-Westmeath, which has some of the worst roads in the country, I am aware that speed on substandard roads plays a major part in road fatalities and must also be tackled.

The Ceann Comhairle will forgive me for being parochial for a moment. This week, we signed off on the project to build a new bypass for Longford. The allocation of funding for the project, one of the few to proceed in 2011, will, I hope, improve safety in and around the town. County Longford has one of the highest crash rates in Leinster and substandard roads have played a major part in the problem. The funding of slightly more than €9 million provided for the bypass will increase driver safety.

Severe weather conditions over the past two winters have had a detrimental effect on already poor roadways. We must bear in mind the increased burden placed on local authorities as they seek to cope with the fallout from unprecedented levels of snow, ice and flooding. The Minster, who is from an urban constituency, is only too aware of this problem, having visited counties Longford and Westmeath on numerous occasions. While I know he is busy reading into his new brief, I would welcome an opportunity to show him some of the worst roads in the country when he next visits the midlands. I have every confidence he will bring new thinking to what is a matter of life and death.

The Bill essentially serves as a rubber stamp to facilitate the introduction of mandatory alcohol testing of drivers prior to the coming into force of the Road Traffic Act 2010. The restrictions the Government has inherited mean the provisions of the Act will not commence before September of this year owing to a lack of suitable evidential breath testing, EBT, equipment to physically implement the changes. The apparatus used to measure the alcohol in a driver's breath cannot be recalibrated to 20 mg per 100 ml until 2011. Again, we are being forced to overcome restrictions arising from a lack of forward planning by the previous Administration.

We must not overlook the fact that Ireland is subject to the targets set by the European Transport Safety Council, ETSC. The council's stated objective was for all European Union member states to cut road deaths by 50% by 2010. To achieve this target, the number of road fatalities in Ireland should not exceed 205 per annum from 2010 onwards. The Government's Road Safety Strategy 2007-12 proposed to reduce the number of road fatalities to not more than 252 per annum. While admirable, this figure remains almost 50 higher than the figure laid down by the ETSC.

I welcome the fact that various measures have resulted in a reduction in the number of road deaths in recent years. While recent figures show that the number of road fatalities declined by 41 to 238 between 2008 and 2009, we must bear in mind that the human face behind this figure is the bereavement of 238 families and loss of 238 lives in shocking circumstances. Some 40% of these fatalities were young people aged under 25 and Sunday was the most dangerous day of the week, with 51 deaths. Some 49% of road deaths happened at the weekend and the hours between 6 p.m. and 8 p.m. were the most dangerous, with 30 deaths. The average monthly fatality rate in 2009 was 20 compared with 23 in 2008 and 28 in 2007 and the safest month of the year was September, when 13 deaths occurred. This was also the safest month on record.

I welcome any initiative to reduce such fatalities, including the introduction of speed limits and television advertising campaigns. A young person with whom I spoke during the general election campaign expressed concern about the television advertisement campaign on road accidents and fatalities, which he believed was very frightening. This proves the effectiveness of that advertising campaign, which I welcome. Other initiatives introduced to reduce fatalities include penalty points, random breath testing at Garda checkpoints, the reduction in blood alcohol content from 80 mg to 50 mg and improved roads infrastructure in some parts of the country. I referred earlier to the problems being encountered in this regard in the midlands, in particular, Longford-Westmeath. It is hoped the new Minister for Transport, Tourism and Sport and the Minister for the Environment, Community and Local Government will take note of my concerns in relation to the condition of the roads in Longford-Westmeath and will raise them at the Cabinet table, resulting in a substantial increase in the allocation for roads in next year's budget.

As a rural representative, I must talk out of both sides of my mouth this evening. I could not be more committed to making Ireland a safer driving environment for all our citizens, drivers, pedestrians and tourists and to removing the all too present spectre of death on our roads. However, I must also consider the business and social aspects of this legislation as they apply in remote rural areas, in particular, remote areas with a public house. It is essential that we take a long hard look at the issue of rents and rates on public houses as publicans are under immense financial pressure owing to the current recession and the reduction in the number of people drinking outside the home.

The other side of the coin in relation to legislation such as this is the reluctance of people to leave their homes to enjoy a social occasion. Therefore, falling consumption rather than a major increase in cross-Border trade is impacting adversely on publicans, in particular, in Longford-Westmeath and other Border counties. I am asking the Minister to look at night time public transport provision in rural areas. Such provision is essential to allow people, in particular, the elderly, to enjoy a night out in their local pub as it is not safe for people to walk home on dark and often dangerous roads. Elderly pedestrians are particularly vulnerable to accidents and robbery on lonely country roads at night. It is essential that such provision is put in place. This is about doing the right thing for the well-being of our communities. We must focus on what is best for our fellow citizens from a safety and social perspective.

When in conversation with an older person recently, I was told that growing old is not a matter of age but of a lack of mobility. For those who are unable to keep in touch with the outside world over a couple of pints owing to a lack of transport, the resulting lack of movement is a form of death. A lack of social contact for people in remote areas leads them to believe they would be better off dead. Many rural Members will know of elderly people in their 60s, 70s and 80s who are isolated.

Rising suicide rates in Ireland, amounting to more than ten per week, are perhaps too easily attributed to the recession. The economic fall-out during other recessionary periods did not lead to the same level of suicide or anything near it. Rural isolation is a new phenomenon and is a cause of great concern to me and other rural representatives. A combination of job losses, a lack of transport and of social interaction are a recipe for disaster. Loneliness is a major contributor to suicide and the destruction of the fabric of rural communities is leading to increased isolation and depression. Let there be no mistake, I am in no way advocating or condoning drink driving. What I am seeking this evening is balance. Let us bring in every imaginable regulation to prevent the abuse of alcohol by drivers but let us also pledge to put the necessary public transport initiatives in place to allow our citizens to avail of social interaction in a manner that safeguards everyone. Solutions to the pressing issues on both sides of the coin can only be found in a comprehensive cross-departmental approach, comprising the protection of life through every possible means to promote safe driving, improved roads infrastructure, driver education, measures against drug driving, a scheme to protect the Irish way of rural country life, the Irish way of socialising and to allow people to remain living, working and spending in their own locations, and, most important, a rural transport network that allows isolated people to leave their homes and meet their neighbours. People living in rural areas do not have the same facilities as people living in towns and cities. Many do not even have access to a reasonable transport service, something with which I am sure the Minister will become familiar in the future.

In addressing the issue of drink driving and road deaths, consideration must also be given to drivers under the influence of drugs and those who abuse the speed limits. Every crossroads in the country is marked by a series of black rings which are evidence of high speed chases and doughnut spins. Perhaps the Minister will in his response provide us with the number of fatalities as a result of such actions or drug misuse. Is it the case that fatalities as a result of drug abuse are recorded as having been caused by fatigue? I am sure the Garda Síochána could provide the Minister with statistics in this regard.

Driving under the influence of drugs has been a statutory offence in Ireland since enactment of the Road Traffic Act 1961. This Act prohibits driving in a public place while under the influence of an intoxicant to such an extent as to be incapable of having proper control of a vehicle. However, there is currently no legislation in place — the Minister can correct me if I am wrong — to allow for road testing of drivers believed to be under the influence of drugs. While one can acquire penalty points for drink driving, no penalty points grading system is in place in relation to the concentration of drugs found in a person's system.

It is to be welcomed that this legislation will provide the Garda Síochána with the powers to form an opinion, following a preliminary test, that a driver is or is not under the influence of an intoxicant. In a recent road safety report Ireland is ranked as the sixth safest country in the EU. I hope that one day everyone in the Chamber and all our citizens will see this country become the safest place in Europe to drive and free from alcohol. I thank the Minister and I compliment him and wish him well in his new portfolio. I am sure he will have answers to some of my questions later on.

Deputy Aengus Ó Snodaigh

Tá sé tábhachtach labhairt ar an mBille seo. Gabhaim comhghairdeas leis an Aire, ní bhfuair mé deis sin a dhéanamh go dtí seo. Tá súil agam go leanfaidh sé ar aghaidh le Billí den sórt seo i rith a thréimhse mar Aire mar tá tacaíocht aige ón taobh seo den Teach dá leithéid. Although this Bill is short, it is important. In some ways it is simply a stop-gap measure between certain dates to take account of the Road Traffic Act 2010. The Bill is important because it gives the new Dáil an opportunity to send a message loud and clear to the public that we will not tolerate drink driving or drug driving and that we will take the necessary steps to reduce the level of drink driving and drug driving in our society.

Despite much legislation and many initiatives from previous Governments, the level of such driving is horrendous. Thankfully, the level of deaths on our roads has dropped in recent years although this year the number of road deaths is creeping up again. Not all of these deaths are related to drink driving but many of them have some element of drink driving or they involve people driving while intoxicated on drugs, whether prescription or illegal drugs. This is one area in which we must carry out a good deal more work. I welcome the Bill. I maintain that it is important legislation because it sends out the necessary message.

It is regrettable that the equipment required is not to hand and that the Bill had to be produced to create a stop-gap measure. The evidential breath testing machines used to measure the level of alcohol in a driver were not fully in place or tested before the deadline. I understand they will be in place by September 2011. They should have been in place as soon as the legislation was passed because we knew the legislation was being prepared, that it was under discussion and that it should have come into effect when it was passed in 2010. Having said that, we have a commitment that the whole system will be fully rolled out in 2011. Hopefully, despite these stricken times, the Minister will ensure that whatever finance is required to ensure there is enough equipment is made available to the Garda Síochána.

We must ensure the message goes out from this House that such driving will not be tolerated. I welcome the fact that mandatory alcohol testing will not only take place at checkpoints but at the location of the collisions as well. Mandatory breath testing will take place where an injury requiring medical assistance is caused. I have several small concerns and I am keen to ensure this legislation does not fall foul of the courts as has other legislation which required further amending legislation. Who will form the view that those injured require medical assistance? I raise the question because we have no wish for a situation where people are not seeking medical assistance simply to avoid testing.

Where any injuries occur and not only those requiring medical testing, mandatory breath testing should take place. At the moment this is only the case where medical assistance is required. Sometimes, people bang their head and take the view that they are fine and that there is no problem. I presume the person making the decision on medical assistance will be from the Garda, the Fire Brigade or the ambulance crew which attends the scene of a given collision.

At present and under this legislation, in the case where someone fails to comply with the law he or she is punishable by up to six months imprisonment or a class A fine. If a person refuses the test or is unreasonable we must ensure the reasons for this are clear and we must ensure there is more than simply a class A fine in place because the people involved may have something to hide in some ways. We must consider whether the threat of the loss of a licence should be another punishment for those who do not comply with the requirement. It may not be necessary in every case but it may be worthwhile for a given offence to be punishable by the loss of a licence if a person is caught over the limit. At the moment a person can refuse to take part in a sample test in the hope of delaying long enough such that he or she may comply with the law. This proposal is worth considering and it is a case of hardening up the law to ensure the message gets out that this activity will not be tolerated.

Another aspect which I welcome is the obligation to provide a blood or urine sample while in hospital. Some practicality may need to be worked out with the Irish Medicines Board and in how we ensure doctors comply with the legislation. I presume this has been or will be worked out in some way and this is not my concern. My concern is that there may be incidents where the injured person is unconscious after an accident. Such a person would be in no fit state to give the required consent for such a sample or to communicate with a doctor to the effect that such consent is given or otherwise. Although my views are not hard and fast on the matter, I am forming the view that where the Garda is of the view that an accident was as a result of drink driving or drug driving, we should consider in the case where someone is unconscious whether a medical person could take a sample and hold it pending consent or when the person involved regains consciousness.

It may be the case that by the time a person regains consciousness the effects of the intoxicant may have worn off. This may be something we could tease out on Committee Stage. Perhaps the Minister could seek advice on whether this is an appropriate mechanism to ensure testing of those involved. Some people have been in horrific accidents leading to the loss of life. There have been cases where people have survived an accident which they caused by their activities, including drink driving, and those in the other vehicle may have suffered fatalities. We have seen young families wiped out in a car accident caused by someone who has ended up in hospital.

Due to the delay caused by his being unconscious and so on, that person has managed to avoid supplying the sample or proof that would confirm he or she had been driving a lethal vehicle while intoxicated by alcohol, legal drugs or prescription medication. Indeed, that last is often forgotten by people who are on various prescriptions despite the warning not to drive after taking their medicines. Yet people on high doses of medications, sedatives and so on are getting behind the wheel and causing accidents and injuries, and not only to themselves.

If we are to roll out the plan contained in the Bill, more gardaí will be required. This means beefing up the road traffic corps and ensuring the numbers in the Garda Síochána are retained at the highest level currently authorised. Vacancies should be filled, not fall under the embargo. Most front line services are looking for an exemption from the embargo and I hope the Garda will continue to be allowed to recruit.

For many years, drink driving was acceptable behaviour in Irish society, but it is no longer acceptable. In recent years, the support of all Deputies for every Road Traffic Bills sent the message that a change in behaviour across the country was necessary. When I discussed the Road Traffic Bill 2009 and other Bills, I mentioned that the key element was the need to ensure a proper rural transport network. For obvious reasons, people will take a chance and get behind the wheel of a car after a night out in a rural town to make the ten or 15-mile trip home. In Dublin, taxis are to hand and the Luas operates late into the evening. We can walk the distance, but that is not an option in an isolated rural area. Regrettably, the easy option for some people is to head home after having a few pints. The culture must be changed but investment in rural transport is also required.

Recent times have seen an increase in the amount of road rage and speeding on our roads. Some of this has to do with higher capability cars, newer models that make it difficult for people to hear how fast they are going and blaring radios. Some of the people in question are young, but most of those I have seen engaging in road rage or driving at mad speeds are not exactly spring chickens and should know the consequences of speed and drink driving better.

Continuing the investment in the Road Safety Authority, RSA, and its campaigns is necessary. Those campaigns are effective, although some suggest they are not. Time and again, they bring home the message about speeding and drink driving.

The state of the roads must also be addressed. Not all accidents relate to drink or speed. Rather, some are because of the state of our roads. The ramps put down by Dublin City Council across the city to deter speeding are collapsing at a significant rate.

Deputy Bernard J. Durkan

That is right.

Deputy Aengus Ó Snodaigh

They are a danger to road users. This problem must be addressed. I assume the Minister for the Environment, Heritage and Local Government will be receiving a number of calls from various local authorities concerning road repairs. I urge him to explain the urgency of this situation to the Minister for Finance. Serious accidents are being caused by the state of our roads and, unless we address the problem, more people will be injured. This matter is not directly related to the Bill but we are discussing road safety as a whole.

I welcome the Bill and hope we will be able to tease out on Committee Stage some of the points I have raised.

Deputy Bernard J. Durkan

I congratulate the Minister for Transport on his elevation to his important office and wish him well in his Department. I hope he will have a long and successful term as Minister. As it is my first time speaking in this Dáil, I congratulate all Members of the House, including the Ceann Comhairle, on their emergence or re-emergence, as the case may be, into the hallowed limelight of this august Chamber.

I agree with Deputy Ó Snodaigh concerning the ramps that have been lain all over the country, not just in Dublin city. They are a disgrace. They were not laid to deter speed, but to wreck the cars of people who happened to slow down. The only hope one has is to drive at them at speed, which might allow one to bounce over them. Their surfaces have also unravelled, creating dangerous conditions that are not conducive to the safety of the pedestrians or drivers who must cross them.

There is one aspect of this Road Traffic Bill I cannot understand. One of its purposes is to propose a reduction in blood alcohol concentration levels from 80 mg per 100 ml to 50 mg. If one is wrong, the other must be as well. I am not an ultra conservative, as I believe in allowing a certain amount of latitude on both sides, but if the purpose of the exercise is to reduce the alcohol level to such an extent as to make roads safe, there should be no alcohol allowable at all. The difference of 30 mg will not make a significant impact on the number of road accidents. I am sure the Minister will want to refer to this matter in his reply.

If I was asked whether a person could take a drink before driving, my advice would be "No". If so, surely the blood alcohol concentration figure should be reduced to 0 mg. There must be a reason for the 30 mg, one I would like to know. Otherwise, the provision will defeat the purpose of the Bill. It would be a different story if its purpose was to catch more people with a certain level of alcohol in their blood, although it can be debated whether that approach would help reduce the number of road traffic accidents.

We all agree that everything that can be done to reduce the number of road traffic accidents must be done. Some previous measures have been helpful while others have not but the evidence seems to suggest that the regulations on blood alcohol levels have worked so far. There are down-sides and glitches. For example, some periods have seen a spate of accidents for which no one can offer an explanation. It is on this subject I wish to concentrate. Not all accidents are attributable to alcohol and some Deputies have already referred to the other reasons. For example, vehicle failure can cause accidents. People might point to how well DOE testing and NCT testing have worked. I am not so sure that it has. If a car is more than four years old, it must undergo the NCT every two years. It is usually a good test and it should not be necessary to test the vehicle again for at least two or three years unless significant mileage has been clocked up. I have some mechanical knowledge, like many Members. DOE tests on the other hand, must be undertaken annually. It should not be necessary to test on an annual basis. If the vehicle is mechanically sound in the current year, it should be possible during the test to determine its likely condition over the coming two years unless it is subject to extraordinary abuse. This issue needs to be examined. If the test is conducted properly and effectively and the vehicle is deemed to be mechanically sound, it should be possible to operate a vehicle safely for two years. It would probably make for greater efficiency and scrutiny during the test because it would not be tested again for two years. The Minister might examine this to make sure the tests are sufficiently stringent to identify the risks of failure over a two-year period and leave it at that.

A number of Members referred to road surface difficulties. Every driver must be able to point to scores of roads that are inadequate for vehicles travelling at more than 35 kph. On some sections of road, usually on a bend where a speed limit of 100 kph applies, one comes across a series of potholes interlinked with rivulets or minor canals and one is in danger of going off the road unless one knows the territory. This presents a serious problem to drivers and creates a difficulty from a health and safety point of view. Account should be taken of road conditions and the extent to which they have been found to contribute to traffic accidents in recent years. I can think of several high profile cases in which the condition of the road was a factor. In those circumstances, it behoves us to concentrate on those issues with a view to eliminating this contributory factor to road accidents in the course of road maintenance works. We need to identify poor conditions, which are worse in inclement weather, before something tragic happens.

Driver fatigue has also been found to be a major contributory factor to road accidents in recent times. The effects of fatigue vary greatly from driver to driver. There is no sense in saying drivers should take a rest at set intervals and walk up and down the road. One may need to do that but no two drivers are alike. Some people can drive for four or five hours non-stop without the slightest difficulty while others cannot drive for 30 minutes without needing to stop. I will let the Ceann Comhairle into a secret, although he discourages this practice in the House. When I was young I recall having to stop regularly, having to get out of the car to walk up and down the road, despite only driving for half an hour because I was in danger of falling asleep. Many times, while driving my parents, that happened to me. I have not been affected by this problem since and I wonder whether it is possible that I grew out of it. However, I reiterate that no two drivers are alike and I totally disagree with the suggestion that every driver should take a break at set intervals. Some drivers may need to take longer breaks more frequently than others depending on their metabolism. Based on my experience, we should take greater care with this issue.

Recently, while driving on the motorway a vehicle passed me travelling at least double the maximum speed limit while being pursued by two Garda vehicles. The speed the vehicle was travelling at was so great that within three seconds, it was out of sight. It had a large exhaust pipe, similar to a number of vehicles I have witnessed from time to time on the roads being driven in a peculiar fashion. The car made a distinctive noise because of the modification that had been made to the exhaust pipe. I cannot understand why the owners of vehicles that have been modified like this are not questioned about whether they use them for road racing and so on. It is a frightening experience to see a vehicle travelling at the speed I witnessed, even on a straight road.

We live in a liberal society but some people take drugs and drive and no more than driving under the influence of alcohol, it is unacceptable. It is a contributory factor in some accidents and, unfortunately, innocent road users rather than the drug taker have paid the ultimate price. It is high time unequivocal and clear action was taken regarding drug driving. A number of cases have come before the courts and, notwithstanding that, we need to be much clearer and less ambiguous about this issue than we have been in the past. There is not much sense in improving the road network and road safety and addressing the questions of drink driving and vehicle failure and the other issues that contribute to accidents while at the same time saying we cannot do anything about people driving under the influence of drugs. We can do something about this and we need to be emphatic about it so that we are seen to apply the law right across the board without exception.

Deputy Thomas Pringle

Along with other Members, I take this opportunity to congratulate the Minister on his appointment and wish him well in his term of office.

I will make several general points on road safety before addressing the Road Traffic Bill 2011. I come from Donegal and as Deputy McConalogue mentioned earlier, we have seen the devastation caused by fatal accidents on our roads. In recent years a number of multiple fatal accidents have occurred in the county and we have seen the devastation that brings to communities and families. It is something nobody would want to see happening in any community and anything we can do here through legislation to ensure that our roads are made safer and our drivers drive more safely, and reduce the impact of these devastating deaths is to be welcomed.

Donegal County Council has an active road safety working group which has been working in recent years to raise awareness of road safety by working with schools. All the statutory bodies are represented on the working group, which has contributed to improving our safety standards in the county also. That is an area that should be examined by the Department of the Environment, Heritage and Local Government or perhaps the Department of Transport with a view to increasing funding for those vital preventative and educational measures.

Talking to young people in our schools, advising them and showing them the horrors that can happen when driving and things go wrong will help to keep them safe when they get behind the wheel, contribute to overall safety on our roads and, it is hoped, reduce the number of deaths.

Deputy Durkan and other speakers mentioned the condition of our roads, and I refer particularly to Donegal where we have more than 7,000 kilometres of roads. The condition of our road surfaces is a main contributing factor to many of the accidents that occur in the county. We must find ways to ensure that extra funding can be provided to Donegal County Council to ensure that the road surfaces can be kept in a reasonable condition. This would contribute to road safety and reduce the number of accidents we experience. In the recent cold spell serious damage was done to our local road network and the legacy of potholes and surface damage is ongoing. Donegal County Council must acquire extra funding to ensure those roads can be repaired.

I echo the comments of other Members regarding the provision and enhancing of rural transport, which is vital. A rural transport system in a county like Donegal, where more than 50% of the population is rural based, is vital. The ability to avail of transport is a major factor for everybody within the county, and particularly for elderly and young people, in terms of getting out at the weekend to socialise.

The Government should consider increasing the level of funding available for rural transport to provide and enhance those services and ensure that the transport providers can meet the needs of the people in their communities. If they can give the level of service people need it may ensure that fewer people will make the choice of driving at night and particularly during the critical times at weekends from 6 p.m. on Friday evening to 8 a.m. on Sunday morning when most fatalities take place. Alcohol is probably a factor in most fatalities on our roads. If we concentrate on building a transport network that gives people the choice to leave their cars at home it would go a long way to contributing to overall safety and reducing the number of road deaths.

The Bill is welcome. I note that these measures are due to come into force in September of this year. Why could they not be brought into force earlier and so save valuable Dáil time on this legislation? I have no problem supporting the Bill because it is vitally important. Implementing these measures has been shown to help reduce the number of fatalities on our roads. Increasing the level of enforcement has contributed to the reduction in the number of road deaths in recent years from an average of 23 a month to 20 a month in 2009. I hope we will continue to see ongoing reductions.

I have a query about section 3 and the obligation to provide a blood or urine specimen in a hospital. It struck me as odd that under subsection (6) a designated doctor or nurse can enter a hospital to take a sample from somebody who has been involved in a collision. Would it not be possible for the gardaí to designate a doctor in the hospital as required to take the sample? Would that not lead to the measures in the Bill operating more smoothly in the future? There would probably be a list of designated doctors in the area but the difficulty may be in contacting them at the time of night accidents take place and getting them to attend the hospital to take a sample. That is something that should be examined. I ask the Minister to look at that before Committee Stage. My reading of it may be wrong or perhaps I have not grasped the impact of it but if a garda could designate a doctor or a nurse in a hospital it would streamline the operation of the Bill and ensure samples are taken in a timely fashion.

As Deputy Ó Snodaigh mentioned earlier regarding cases where the person involved in the collision may be unconscious, we should consider whether the designated doctor could take a sample or determine how that could be worked. Some mechanism could be devised that would allow for that kind of sample to be taken and for the blood alcohol levels to be ascertained at that stage.

Deputy Barry Cowen

I join other speakers in congratulating the Minister, Deputy Varadkar, on his appointment. He comes highly recommended. I hope and pray that he can live up to the aspirations of many, which I am sure he will, but I wish him well in his role.

The main objective and thrust of any road traffic Bill is to reduce fatalities and save lives. Recent years have seen reductions in that regard and I compliment the Minister who earlier paid tribute to his predecessors who played their part and to the various organisations associated with road traffic safety, both voluntary and in the public sector, for the work they have done and continue to do in that regard. We have had many initiatives in recent years which have had the desired effect. Our emphasis now is to continue that trend and I have every faith in the Minister and his Department in that regard.

Many Members have spoken about the quality of our roads and the detrimental effect of the adverse weather we experienced this winter and last winter on our county roads. Notice must be taken of that issue. In the context of finance being made available, every effort should be made by the Cabinet and the Minister to attract funding to deal with the detrimental effect on the county and regional roads. Otherwise, as Deputy Durkan said, our motorways and national routes have been hugely improved and advanced in the past ten to 12 years. That is to be commended and we all take advantage of it. It improves the viability of, and accessibility to, many of the country's regions for business and trade. However, it could allow us to become complacent with regard to road safety and that is a recipe for falling standards and allowing driver behaviour to fall below par. The modernisation of driver training and licensing has been and will continue to be the foundation stone of the Government's current road safety strategy.

The key to maintaining the emphasis on driver behaviour is to continuously seek to change and improve that behaviour. Part 2 of the Road Traffic Act 2010, which was signed into law last year, reduces the blood alcohol concentration levels for drivers from 80 mg to 50 mg and to 20 mg for learner drivers. There is provision for mandatory breath testing on the basis of an opinion being formed by the garda at the scene. As other Members have mentioned, in the case of an accident such mandatory breath testing is paramount. Even in a hospital a consent to that being carried out can be given by the doctor in charge, which is to be commended. These sections 9 and 14 now come into play but, due to testing, the equipment involved will not be ready until later this year. I commend the Minister for coming forward at this early stage to provide the legal basis for such testing of drivers.

I agree with Deputy Ó Snodaigh's comments on the issue of prescription drugs. Perhaps that could be considered in the context of future legislation. As has been said, the medical advice to people consuming these medicines is that they should not drive and if they do, they are putting themselves and other road users at risk.

While I have been allocated ten minutes to speak, there is no need to rehash what has been said already. I compliment the Minister on bringing forward the Bill and compliment his predecessors on its contents. It is obvious that everybody supports the measures in the Bill. However, like other speakers, I ask the Minister to consider making funding available in rural counties where county and regional roads have been adversely affected by past winters. Having made great strides with regard to road safety, road conditions and road improvements, it would be remiss not to address that issue in the short term and get us back on a level course for the future.

Deputy Joe McHugh

I acknowledge the presence in the House of my county colleagues, Deputy Charlie McConalogue and Deputy Thomas Pringle, and welcome them to the 31st Dáil. In the absence of Deputy Pádraig MacLochlainn and some of his Sinn Féin colleagues, I acknowledge the new addition to the political representation in County Donegal and I look forward to working with my new colleagues in this Dáil.

I acknowledge the prompt activity of the new Government on this Bill and commend the Minister, Deputy Varadkar, on taking a proactive approach and moving quickly to enact the legislation. The Bill provides for mandatory alcohol testing of all drivers who are involved in collisions that result in injuries. The Bill clarifies the powers of the Garda Síochána in dealing with such issues by placing a requirement on gardaí to conduct a preliminary breath test if they believe alcohol has been consumed.

I was involved with this issue in 2007 and I commend and compliment the different campaign groups who were also involved. A woman from Inishowen, Ms Susan Grey, is in the Visitors Gallery tonight. She has been very proactive in campaigning as a result of her personal experience. She wanted to bring that past experience and knowledge about the issue to bear and we are discussing this today because of the various campaigning groups. In 2007, I was in contact with the then Minister for Transport, former Deputy Noel Dempsey. I am pleased this Government is working so closely on this issue.

We should look at how we arrived at this legislation. It is here because so many families in this State have suffered personal tragedies and lost loved ones in road accidents. Road safety became an issue as a result of those tragic experiences. We are now at a stage where there is huge involvement of local authorities, local paramedics and gardaí, and there are tough measures to enable them to act swiftly. All the combined efforts and experiences have brought us to this position today.

This legislation should be accompanied by a concerted effort by the Government to work in partnership with publicans. The Minister, Deputy Varadkar, will be aware from the programme for Government that we have considered reviewing the role of the local publican and how we can be proactive in getting publicans involved in road safety measures and combating drink driving. Pubs play an important role in rural communities, tourism and employment; Fine Gael's election manifesto acknowledged the importance of pubs in rural communities. We have also proposed a ban on below cost selling of alcohol. I urge the Minister to work with the Vintners Federation of Ireland and the rural transport initiative on this issue. There might be a solution that would address the drink driving problem, give support to publicans and boost local communities. We must get back to basics in terms of examining the role of the local publican and not seeing it as a problem but considering possible solutions in partnership with the publicans. I urge the Minister, Deputy Varadkar, to do that.

Road safety is a national issue but, as my colleagues from the county will know, it is an issue that has particular importance for County Donegal. A total of 19 road deaths occurred in Donegal in 2010. In one road accident eight people died. It was the worst crash on Irish roads since records began. In 2009, 35% of road deaths in Ireland involved people aged under 25 years; in Donegal, the figure was 50%. The figure for Donegal in 2010 was 63%. We all know what has happened in these tragic accidents. As legislators, we attempt to introduce preventative programmes and measures, be it through education or by looking to different countries for examples of best practice with respect to driver training, to complement rule enforcement.

The Minister should examine the Finnish model of training for a B class licence. This comprises 30 hours of instructed driving including a slippery driving course, 20 theory lessons, a computerised theory test and a driving test in the city centre. A development that was brought to this House's attention by my colleague, the Minister of State, Deputy McEntee, when he was road safety spokesperson, is the technology of driver simulation. I understand various driving instructors are looking at new technologies in this area as a way of advancing more sophisticated and relevant driving training operations.

Ms Susan Gray, who is in the Visitors Gallery today, has been championing this legislation for several years. While there are, unfortunately, too many examples of people who have lost loved ones in road traffic accidents, I compliment, in particular, Ms Gray and all the families who continue to campaign for change in this area. As Deputy McConalogue is aware, the Farren family in north Inishowen, who lost their daughter some years ago, have been active in ensuring other families do not go through the same loss. The Farren family and families from other parts of the country came together to a meeting of the Joint Committee on Transport some months ago seeking some form of dialogue with the Department of Transport in regard to their goals and objectives. We must not forget about these people and the work they do in their areas. I am sure Deputy McConalogue will keep the House informed in that regard.

There is a great deal of good work being done at local level. In my county there is a road safety working group where young people are taken from school to meet paramedics and fire rescue teams who have gone through the horrible experience of attending the scene of road accidents. We should examine the possibility of implementing that pilot model at national level as a preventative schools-based measure that will familiarise young people with the negative outcomes of reckless and dangerous driving.

I congratulate the Minister on being proactive and prompt in regard to this legislation. I reiterate my commendation of all those families who have contributed through various campaigns and efforts to the introduction of legislation that will make our roads safer and will ensure other families do not suffer as they have done.

Minister for Transport (Deputy Leo Varadkar)

I thank Deputies for their positive contributions, their support for the provisions in this Bill and their kind words of congratulations. The main purpose of the Bill is to allow for the early introduction of mandatory preliminary breath testing for drivers who, in the opinion of a garda, have consumed alcohol and drivers who are involved in road traffic collisions where injury is caused to another person. The latter provision will only apply where there is no overriding medical considerations in respect of the driver. The concept of mandatory testing in these circumstances has already been accepted and approved by the Oireachtas through the provisions of the Road Traffic Act 2010. The provisions of this Bill will cast a wider net over the circumstances in which drivers can be breathalysed and will provide a useful gauge of the role alcohol plays in causing road collisions. The purpose of extending the Garda's breath-testing powers is not to obtain increased numbers of convictions but rather to act as an effective deterrent, with success being calculated against decreasing detection rates. The ultimate aim is to have a direct impact on the number of road deaths that arise in future years.

Deputy Dooley referred to the burning out of two GoSafe vans. This is a matter for the Garda and the Department of Justice and Law Reform. However, I share the Deputy's concerns and undertake to liaise with the Garda Commissioner and the Minister on the matter. I suspect that those who damaged the vans did not do so because they were concerned about getting penalty points but because they are sinister criminals who do not want any form of surveillance in their area.

Deputies Dooley and Kitt raised the issue of service stations on motorways. I am informed that discussions are taking place between the Department, the Road Safety Authority and the National Roads Authority regarding the provision of additional rest areas. I agree with Deputy Dooley that smaller-scale facilities would be sufficient rather than having to go for the Rolls Royce option. Deputy Kitt makes the valid point that we should offer the opportunity to private developers to provide these service centres if the public private partnership system is not succeeding. Several such projects are not progressing in the way they did in the past largely because of the sovereign rating of the State, with private PPP bankers and finance houses unwilling to lend to the State in the way they did in the past. We may have to fund such projects through traditional Exchequer funding or through entirely private funding.

Deputy Dooley raised the issue of driving testing in schools. I see no reason that pupils could not do the theory test, for example, but I will have to get more information on that. Deputy Dooley asked about progress in regard to the introduction of graduated driving licences. The Road Safety Authority undertook a consultation process on this issue in 2009 which contained several possible measures. The authority has considered the responses from the public and interested bodies and has submitted its recommendations to the Department. The approach proposed by the authority has been approved and preparations are under way for the introduction of the various elements. Many of these proposals will require primary legislation and will be included in the road traffic (No. 2) Bill later this year.

Several speakers raised the issue of drug driving. It is illegal in Ireland to drive while under the influence of drugs. Enforcement is a matter for the Garda and where a garda suspects that a motorist is driving under the influence of any intoxicant, he or she may address the driver. However, unlike alcohol, there is no legal limit for drugs. The Road Traffic Act 2010 provides for such preliminary impairment testing. The Medical Bureau of Road Safety, in association with the UCD school of medicine, is responsible for the provision of training for gardaí. That is scheduled to begin this month and I expect to commence the relevant provisions of the 2010 Act in the autumn.

In regard to roadside drug testing, I am advised there is no feasible basis in Ireland or Europe for the introduction of preliminary roadside tests for drugs as testing devices are still at prototype stages. Deputy Broughan referred to a saliva-based test in use in Australia. I am not fully aware of that but I will investigate whether there is a possibility of bringing it into operation here. I am advised that a test that works in Australia may not necessarily work in Ireland for climatic and other reasons, but I will examine whether it is an option. It is important, if we introduce roadside testing for drugs, that we get it right and do not end up with a fiasco by doing something that does not work out. In the meantime the Medical Bureau of Road Safety will keep me abreast of developments in this area. When suitable technology is available it is in everybody's interest that measures applying to roadside testing of drivers for alcohol should also be applied in regard to drugs.

Deputy Ellis expressed concern about the wording of section 2(12) and suggested that the word "or" should be inserted between paragraphs (a) and (b) and between paragraphs (b) and (c). I am advised by the Attorney General that it is standard to have an (a), (b), (c) or (d) arrangement and that the inclusion of “or” in the two indicated places might, rather than strengthening this legislation, undermine existing legislation in other areas. However, I undertake to examine that for myself and to ascertain whether in respect of legislation with similar formation of paragraphs, there have been any challenges in that regard.

Deputy Ellis also raised the issue of something being prejudicial to health. I understand the Deputy's concerns in this regard. We all share the same objective; we want to ensure gardaí are not forced to breathalyse a person who might need urgent medical attention. At the same time, we do not want gardaí to have too much discretion so they might inappropriately employ the power not to breathalyse someone who should be breathalysed. We do not want a situation where someone is in a condition where he cannot be breathalysed for supposed medical reasons but we then find out an hour later that he managed to go home without undergoing any breath test. The real difficulty is finding the right wording and exact definition for something being prejudicial or injurious to health. I will examine that on Committee Stage and I am open to proposals for better wording that will achieve what we all want to achieve.

It is not practical to have a doctor's opinion on every occasion; it will not be possible to have a doctor at the scene of every road accident to determine if breathalysing someone would be prejudicial to his health. I understand and share the concerns in this regard but the point is that we want to ensure those who are involved in accidents are breathalysed and the discretionary element is removed as much as possible. At the same time we must allow provision for people in need of medical aid to get it rather than being breathalysed first.

Deputy Broughan mentioned a follow-through clause for someone who is not tested at the scene. That might be sensible and I will endeavour to examine that. He also raised the number of Garda checkpoints. The number of checkpoints has fallen and that is related to the fact that Garda resources are more stretched than they were in the past.

On the implementation of the revised BAC, concerns have been expressed about the perceived delay in the introduction of the new equipment for the testing of lower BAC levels. There has been no delay and all necessary steps have been taken to guarantee the appropriate equipment will be in place as soon as possible. Deputies will be pleased to hear the bureau has selected a tender designate and is involved in contract negotiations with that company. Once the contract is signed, further tests will be undertaken on the approved instruments with the aim of installing the devices in Garda stations later this year. It is also intended to increase the number of instruments from the current number of 64 to 86 as part of this programme.

Deputy McConalogue asked about the possibility of limiting repeat offenders to a smaller engine car, which might take away from the "macho" achievement of being banned from driving. It is a good suggestion, although I do not know if it could be incorporated in this Bill. Perhaps it could be included in the No. 2 Bill later this year.

Deputy McGrath and other Members raised the state of many of our roads. I agree and accept that roads are in a poor state after the bad weather. The funds available to Government are limited and although the budget for road maintenance has been cut back considerably, a third of what we are spending comes from the IMF and that is not sustainable in the long-term, no matter how it is done. Pressure on the road budget will continue for the foreseeable future.

I am examining NRA funding and there are some projects the NRA had hoped to progress this year that may not go ahead for planning reasons and, as a result, it might be possible to divert some funds that had been intended for new roads to repair existing roads. That is my intention but it is too early at this stage to make an announcement on that.

Deputy Catherine Murphy raised the issue of Garda numbers in commuter counties. I understand her remarks; my constituency is also a commuter area with a relatively low ratio of gardaí to population. There is only one Garda station in the entire constituency, which would be unusual nationally. At the same time, if we look at the figures, the highest levels of road accident fatalities are on the western seaboard, where there are large numbers of gardaí. It is unfair to say there is a direct correlation between the number of gardaí stationed in a particular county and the number of road deaths.

Deputy Ó Snodaigh suggested there should be provision for the loss of a licence if a driver fails to co-operate with testing. That is an eminently sensible suggestion and if it is not already covered in the Bill, it should certainly be covered in the No. 2 Bill later in the year. He argued cogently that if the penalty for an offence is a loss of licence, a similar penalty should apply in the case of non-co-operation. He also raised provisions for samples from a person who is unconscious or unable to consent to a sample being taken. That is covered in section 3, where the driver does not need to consent and a nurse or doctor can take a sample on direction from the gardaí.

Deputy Durkan mentioned vehicle failure causing accidents and he is absolutely right. The closest I ever came to an accident was when the brakes on my one year old car failed some months ago. Statistics may not show this up because people assume collisions happen for a reason and not necessarily as a result of vehicle failure, which happens more often than we may think. He also raised the issue of the annual car test, a reference to the NCT being needed every year after year ten. Evidence suggests that a huge number of accidents involve vehicles that are more than ten years old.

I thank Members for their co-operation with this Bill. I will examine the issues I mentioned with a view to including them on Committee Stage and I will welcome amendments on Committee Stage that will improve the Bill. To secure speedy passage of the Bill, however, I would prefer if new elements that expand the scope of the Bill would be left until the No. 2 Bill later in the year, with a view to introducing it before the summer recess.

Question put and agreed to.

Dáil Éireann díospóireacht -
Wednesday, 23 Mar 2011