Oireachtas Joint and Select Committees

Wednesday, 25 November 2015

Joint Oireachtas Committee on Transport and Communications

Conviction Rates for Drink Driving: Discussion

9:30 am

Mr. John Twomey:

I thank the Chairman and the committee for the opportunity to address them on matters relating to drink driving convictions. While there have been significant changes in the drink driving culture in Ireland over the past decade, drink driving continues to be a major contributing factor to road deaths and injuries on our roads.

Just one drink impairs a person's ability to drive. A recent survey of driver attitudes conducted on behalf of the RSA in which one in ten drivers admitted to consuming alcohol before driving in the preceding 12 months is a concern, as it shows there is still work to be done if we are to achieve a culture in which people never drive if they drink.

Since the introduction of penalty points in 2002 and other changes to road traffic legislation, such as mandatory alcohol testing and the reduction in blood alcohol limits, as well as the establishment of a dedicated Garda traffic corps in 2005, we have seen significant improvements in road safety. In 2002, there were 376 road deaths. In 2014, there were 195. To date in 2015, there have been 144 fatalities on Irish roads, a decrease of 31 over the same period in 2014.

An Garda Síochána continually conducts enforcement and other campaigns aimed at improving compliance with road traffic legislation and thus reducing the number of road fatalities. The objective of this Garda activity is to increase driver awareness, increase the number of detections for breaches of road traffic and road transport legislation, and promote an improved compliance culture among the public. Campaigns with the objective of promoting voluntary compliance with road traffic legislation, particularly as regards drink driving, are conducted nationwide. Operations to detect drink driving offences, seatbelt non-compliance and breaches of road traffic and transport legislation by heavy goods vehicle, HGV, drivers are also conducted. Through these operations, the Garda and its counterparts within the European Traffic Police Network aim to assist the European Union in reducing the death rate on Europe's roads.

In 2014, An Garda Síochána arrested 7,519 drivers on suspicion of driving under the influence of an intoxicant, of whom 6,548 were over the legal limit. Some 2,141 drivers who were over the legal limit received a fixed penalty notice, of whom 1,270 paid the fixed penalties. Proceedings were instituted against drivers who did not qualify for receipt of a fixed penalty notice or who did not pay when served. The Courts Service has indicated that, in 2014, a total of 4,123 drink driving offences were heard, finalised and decided upon by the country's District Courts. This resulted in 3,488 convictions and 635 acquittals. The conviction rate is therefore 85% and the acquittal rate is 15%.

By 30 October 2015, the Garda had arrested 5,951 drivers on suspicion of driving under the influence of an intoxicant this year, of whom 5,281 were over the legal limit. Some 757 drivers who were over the legal limit received a fixed penalty notice, of whom 522 have paid those fixed penalties to date. Proceedings have been or will be instituted against drivers who did not qualify for receipt of a fixed penalty notice or who did not pay after being served with a notice. The Courts Service has also indicated that, for the first seven months of 2015, a total of 2,334 drink driving cases were heard in full and decided upon by the District Courts. This resulted in 2,021 convictions, with 313 dismissed. The conviction rate is 87% and the acquittal rate 13%. Where proceedings are instituted, prosecution files are prepared by the local district officer and prosecuted in court by the district officer, local inspector, local State solicitor or a representative from the Chief Prosecution Solicitor's office.

Regarding the management and oversight of drink driving cases, the use of IT systems is key to effective and efficient management, and a PULSE incident management function, under PULSE release 6.8, became effective on 1 November 2015. The introduction of the PULSE incident management function will allow investigating members, supervisors and district officers to monitor and have greater oversight of drink driving incidents. This function is an aid for investigators, supervisors and management and facilitates accountability, governance and oversight at all levels. Its aim is to provide a standardised, systematic and consistent approach to incident management throughout An Garda Síochána.

The Road Traffic Act 2014 saw the introduction of the status of novice driver, changes to the endorsement of penalty points and changes in respect of intoxicated driver offences, including impairment testing and the taking of blood from unconscious drivers. Changes to the penalty points system were introduced on 1 August 2014 and again on 8 December. On 1 August, the most notable changes involved an increase in penalty points for speeding, not wearing a seatbelt and using a mobile phone while driving. A further significant change is that a person taking out a first learner permit after 1 August will be disqualified on reaching seven penalty points. The same rule will apply to a person taking out a full licence for the first two years of that full licence. This is the two-year period while someone is considered to be a novice driver.

On 8 December, changes were made to 25 penalty point offences. Fourteen new offences were introduced, nine offences had the existing level of points increased and two offences had procedural changes in that points could be applied without a court conviction. Among the most significant changes are that learner drivers driving unaccompanied or not displaying L plates or motorcyclists not wearing L tabards now receive penalty points. Penalty points also apply to novice drivers who do not display N plates or motorcyclists not wearing N tabards.

We have supplied some data on the figures to date: in respect of using a vehicle without an NCT certificate, 7,700 notices have been issued; for non-display of L plates, 3,529 notices have been issued; for learner drivers unaccompanied by a qualified driver, 4,864 notices have been issued; for non-display of N plates, 165 notices have been issued; for non-display of a yellow fluorescent L tabard on a motorcycle, 83 notices have been issued; and for non-display of a yellow fluorescent N tabard on a motorcycle, two notices have been issued.

On 22 June 2015, the Garda was given new powers to arrest disqualified drivers on the spot if they are found driving any vehicle in a public place. Up to that date, it was not possible to arrest a disqualified driver at the time of interception. The only option available was to make that person amenable by summons or charge at a later date. This new power enables gardaí around the country to arrest these high-risk offenders immediately, convey them to the nearest Garda station, charge them with the specific offence of driving while disqualified and bring them to the earliest available court sitting. By the end of October, 456 disqualified drivers had been intercepted, arrested and charged under these new powers. Many vehicles had also been seized and impounded for being uninsured. In addition, 725 drivers had been charged for failing to have a driving licence.

The principal measures in the new road traffic Bill will address driving under the influence of drugs, and include the following: a new offence of driving or being in charge of a mechanically propelled vehicle with the presence of certain specified drugs in the blood; provision for preliminary drug testing at the roadside by An Garda Síochána; and empowerment of the Medical Bureau of Road Safety to test, select and procure devices for use by An Garda Síochána in preliminary drug testing.

As members are aware, the road traffic legislation falls within the remit of the Minister for Transport, Tourism and Sport and there is ongoing contact between the Garda and departmental officials, with monthly meetings taking place between the Garda national traffic bureau and officials from the Department's road safety division. An Garda Síochána is committed to the enforcement of drink driving legislation, all other provisions of road traffic and transport legislation and regulation, and working in collaboration with our partners in road safety, both statutory and voluntary, with the aim of reducing road fatalities and serious injuries on our roads.

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