Mr. Fintan Towey:

I hope I capture all of the questions. In regard to the issue of distracted driving as a result of the use of mobile communications and the difficulties that arise in that respect, it is important to point out that in terms of road safety this has been identified as a significant issue. As such, it is incumbent upon us to introduce whatever measures we can to bring about changes in driver behaviour, in particular in regard to the use of mobile devices.

In 2014, there were approximately 30,000 instances of offences in relation to the holding of a mobile telephone by drivers, in respect of which penalties were imposed. I understand there are a small number of prosecutions pending in relation to drivers texting while driving. It is true that it is difficult to detect and prosecute that offence. The month after the introduction of the regulations in regard to texting while driving the number of offences relating to the holding of a mobile phone while driving was approximately 5,000. This decreased to 2,000 in the following month. As such, the regulations had a significant deterrent effect.

It is true that technology continues to evolve. Following the introduction of the regulations there was an increase in SMS messaging, which is traditional texting. There are many new communication possibilities through various applications, such as WhatsApp, Viber, Facebook and so on. Our objective is to try to prevent drivers interacting, using their hands, with mobile devices while driving and to encourage the use of cradle born devices such as a SatNav. Use of a SatNav involves entering data regarding the trip into the device prior to driving, after which SatNav voice commands takeover, with a driver having to glance only occasionally at the screen. There is no interaction by hand once the SatNav has been set up. That is the track we are going, although I do not think anybody would suggest that that is perfect. The issue of people using mobile devices while driving has been identified as a safety issue and is one that we need to try to tackle.

The issue of employers testing for intoxicants was raised by two Deputies. It is an issue that we have examined carefully. We have taken legal advice on the matter and that advice suggests that the imposition of an obligation of this kind on an employer is justified and will withstand challenge. I do not believe that the imposition of an obligation of this type on an employer necessarily gives rise to employers' liabilities in regard to actions of an employee.