Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Tá sé tábhachtach labhairt ar an Bhille 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.

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