Oireachtas Joint and Select Committees

Wednesday, 30 November 2016

Select Committee on Transport, Tourism and Sport

Road Traffic Bill 2016 (Seanad): Committee Stage

9:30 am

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

These are ambitious but understandable amendments. The approach the Department has taken with regard to the list of specified drugs is one that has been discussed in great detail with the MBRS. This Bill, in addressing drug driving, is not based on the MBRS report referred to by the Deputy but on more recent experience of the bureau on testing specimens for drugs and best international practice. I have also consulted with the bureau in light of the proposed amendments to expand the list of drugs. While I appreciate the motivation for these amendments, the bureau's advice is very much against extending the list at present.

There are many complications. One of the risks is of mixing together drug intoxication and road safety matters with misuse of drugs provisions. British legislation in this regard, similar to that proposed in the amendments, approaches the matter from a different angle. The Road Safety Strategy action No. 77 relating to drug levels states "legislate for the introduction of zero tolerance approach to illicit drug driving and impairment approach for other drugs." This continues to be the basis for the new driving under the influence of drugs provisions.

The drugs included in the current Schedule are the most prevalent illicit drugs, namely, cannabis, heroin and cocaine. The proposition of including specified limits referred to in the literature as per selevels for all the drugs in the misuse of drugs legislation would be novel when compared to other jurisdictions. Even the UK has not gone this far. The common approach is to select drugs known to be used by drivers, based on prevalence data. Setting levels for all drugs is not practical for many reasons. These include the lack of data proving impairment, selecting appropriate levels and the fact not all drugs in the misuse of drugs legislation are a concern in driving under the influence.

The Schedule taken from British law with the proposed limits for drugs such as benzodiazepines sets the legal levels at super therapeutic levels so as not to capture people on prescribed medications, taking medications on prescription, with the difficulty being the biovariation between individuals on such medications. Drivers with significantly lower levels than these could be seriously impaired. Although the old impairment offence remains, it could be argued they are driving under the legal limit for the drug and thus should not be prosecuted. This would be an unforeseen consequence of such a change and contrary to road safety.

The proposal of including the table, which appears to be a copy of the section 5A annex of the England and Wales legislation, does not fit with the road safety strategy action either. I note the proposed THC, tetrahydrocannabinol, level is higher than that in the current text of the Bill. On the other hand, the proposed amendment would exclude cannabis acid which should be there if we are to make serious limits for that drug. The MBRS has advised that the other illicit drugs proposed for inclusion in the amendment, ketamine, LSD, MDMA, and amphetamines, are not, in the bureau's view, significantly prevalent in Irish drivers. The remaining drugs proposed, Nos. 10 to 17, inclusive, are all benzodiazepines, except No. 14, methadone, and are not illicit drugs although may be misused. These are again covered by existing measures combined with impairment.

The bureau is committed to continue to monitor changing societal drug use. The results, over time, may lead to adding to the drugs to be tested, which in time may be reflected in future legislation. As a general comment, the Department did not consider it possible to set limits for certain classes of drugs which were not illicit, given the difficulty of deciding on levels at which people might be impaired, but would depend on the person's use, level of medication, length of time on medication, weight, mass, gender, etc. The setting of limits for drugs is in the early stages of acceptance in the scientific and legal communities. As this Bill works, we should consider expanding the number of levels and categories. While the expansion of illicit drugs specified will be considered over time, it was considered best to begin with a small number of the most common illicit drugs in the first instance.

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