Oireachtas Joint and Select Committees

Wednesday, 6 May 2015

Joint Oireachtas Committee on Transport and Communications

General Scheme of Road Traffic Bill 2015: Discussion (Resumed)

12:00 pm

Mr. Gerry McMahon:

Yes, according to my reading of it. How does one randomly test oneself? This is a grey area. The Bill states specifically that this will not have an impact on the SME sector and that taxi drivers will not be affected by it. That is a very open statement and does not clarify whether my organisation will be affected. We do not know. Direct correspondence with the Department arising from today's proceedings might answer the question. It has not been answered today and there is an open, grey area. The wording in the Bill is vague and has been very badly written.

On the question of costs, how does one quantify a cost when one does not know what the consequences will be? We do not know what the cost will be, but the fear is based on what would occur under the legislation if an employee who was randomly tested for alcohol or drugs on arriving at work were found to be over the limit. If the employee states he or she is addicted to drugs, the employer must provide counselling and take care of him or her, during which process he or she is still in employment. A small company - I am using the example of a small company to get my point across - would have to employ another individual to do the employee's work before he or she was capable of returning to work. The company must incur the cost of that burden. That is not sustainable in any society, never mind our own. It is just not practical. It is very hard to quantify the cost until we know the exact detail of what we will be required to do, but, based on an initial reading, the proposal is a step too far.

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