Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 112:

In page 63, to delete lines 14 to 43, to delete pages 64 to 70 and substitute the following:

"PART 9

INTOXICANTS AND PERSONS WORKING ON RAILWAY INFRASTRUCTURE

83.—This Part comes into operation on such day or days as the Minister may appoint by order either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.".

This is a fundamental and important issue. I would like to make a number of introductory remarks regarding the new Parts 9 and 10 which are before the House. My predecessor announced on Committee Stage the intention to introduce criminal sanctions for workers found to be intoxicated while working on the railway. The then Minister had earlier signalled on Second Stage his intention to look at this area by inviting Deputies to submit their views on the issue. Since the announcement on Committee Stage, the advice of the Attorney General and of the Office of the Director of Public Prosecutions has been obtained. Consultations have also taken place with railway unions, Iarnród Éireann and the Luas operator, Connex.

It is a general societal view that drug and alcohol use is a significant problem and it is clear that any use of intoxicants by safety critical workers represents potential for significant operational risk. My Department has sought information on the position in other jurisdictions and while no uniform approach to managing the use of drugs and alcohol by safety critical workers on railways exists, many European countries, including the UK, have made it a criminal offence to be intoxicated while working on the railway. In a number of countries the railway undertakings themselves, recognising the inherent dangers of intoxicant abuse, have introduced, as part of their internal procedures, provisions which provide for testing for drugs and alcohol. Nearer to home, Connex, the operator of the Luas system, has provision for random testing and subsequent disciplinary actions built in to workers' contracts.

Other examples are as follows. In the United States, legislation has been in place since 1991 that provides for drug and alcohol testing on a random basis covering all transportation workers. The US annual drug and alcohol testing rates for 2004 in respect of the Federal Railroad Administration was 25% for drugs and 10% for alcohol.

In Sweden, random testing is carried out by an independent body on behalf of the railway undertakings. Each station is tested on average four times a year.

In Northern Ireland, a voluntary code of conduct exists in Northern Ireland Rail which provides for random testing of drugs and alcohol. An offence can result in dismissal as can a refusal to take the test. In France, internal company procedures provide for testing for drugs and dismissal is an option for the company if a safety critical worker is found to be intoxicated.

In New South Wales, the 2002 Rail Safety Act requires rail operators to implement a drug and alcohol programme. The independent transport safety and reliability regulator can conduct random drug and alcohol testing of rail safety workers at any work site. I hope it will be clear that I have given careful thought and consideration to this matter before presenting the proposals before the House for amendment of the Bill regarding intoxicants.

I want to signal at this point that the new provisions, particularly as regards sampling for drugs in Part 9, are based on a partnership approach. The Bill requires that the sampling procedures, code of conduct and support services must be drawn up in consultation with unions and staff representatives and must be approved by the new independent railway safety commission provided for in the Bill.

I propose to delete the present Part 9 of the Bill which provides for matters relating to internal company sampling and disciplinary procedures for intoxicants and to substitute a new Part 9 which provides for similar matters. I also propose a new Part 10 which provides for matters relating to criminal offences for intoxication while working on a railway. The new Part 10 also provides for certain other matters withdrawn on Committee Stage, namely, offences for careless and dangerous working on a railway and requirements regarding medical fitness for safety critical work on a railway.

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