Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I understand why this legislation is being introduced. The numbers of deaths and injuries on our roads have increased significantly in recent years.

Every time one augments the book of legislation one does two things. First, it becomes easier to detect certain practices, whether it is speeding, dangerous driving or drink-driving and drug-driving. Second, given the fact that when legislation is passed it finds its way into the media, it helps towards generating noise around the whole issue of safety on our roads and that is positive.

However, some issues are potentially problematic. Some studies have shown that death and injury increase when the level of detection and enforcement reduces. The Garda Traffic Corps has been reduced in line with the difficulties we have had in the economy and while there is a lot of fanfare again around an increase in garda numbers the numbers are not at the level they need to be from the point of view of enforcement and detection. Overall I am concerned that, in this legislation, there is an attempt to shift the burden of enforcement from the shoulders of the gardaí onto the shoulders of the employer, in this case the road hauliers. There is some justification in dealing with Dublin Bus and Bus Éireann in a different manner as there is little doubt that buses go back to the garage every night but this is not the case from a road haulage point of view. Truckers take their trucks home. I am not aware of any bus driver, particularly those in the two State fleets I mentioned, taking a bus home or overseas. As the Irish Road Haulage Association has pointed out, when a trucker who is on his way back from France or the UK decides to have a few drinks on the boat there can be no expectation that a road haulage company can deal with it. It is in such circumstances that temptation is likely to greet a driver. It is not about the times when he goes into the yard on a Wednesday or Thursday morning but in those off-peak times and in exceptional circumstances. There is no evidence that using this legislation to place the burden on the shoulders of road hauliers will in any way impact on driver behaviour.

I have previously taken up the question of drugs with some of the witnesses and I have issues around not having a threshold. I can understand that there is a benefit to having it on the Statute Book, even though it might be challenged, because it tells the more responsible driver not to smoke a joint because he could be caught at a later stage while driving a truck. However, as Deputy O'Donovan and others have said, this will tie up a lot of time in the courts and will make wealthy men and women of a certain sector in society. Ultimately, it may not have the desired effect and we need to tread quite carefully on this point.

I am deeply concerned that the overall thrust of the legislation is about sharing responsibility and moving some of the burden out of the hands of the Garda and towards hauliers and that, perhaps, this is being done for financial reasons. It would be far better if the Government moved to address the shortage in Garda numbers and put appropriate resources in place to deal with the growth in population and the deficit in Garda numbers. We all understand the situation we have come from but before we start dangling the carrot of tax cuts and increased pay in front of the electorate we should look at ensuring the services of the State, and our response to the risk that exists, are appropriate. If we did that we would do ourselves a considerable favour.

Deputy Fitzmaurice's suggestion of an alcolock is the way forward. We have led the way on the smoking ban and we could lead the way in respect of alcolocks in all vehicles. I do not see any reason why the provision should be confined to trucks or why, with mass production, these locks could not be fitted in cars.

ABS brakes and parking devices on cars were a huge cost when they rolled out first. Now, one can scarcely buy a two-wheel motorbike that does not have ABS and a parking assist system such is the proliferation of that technology. That is where we need to be leading the way rather than trying to shift the burden of responsibility around. Really, we are only playing with smoke and mirrors.