Jerry Cowley (Mayo, Independent)

I am pleased to resume my Second Stage contribution on this important Bill.

When I spoke on the Bill a few days ago a case was due to be highlighted on "Prime Time" concerning a man who had been apprehended after a serious road traffic accident in which a taxi driver was killed on the side of the road. He was mowed down by a car coming at speed. Someone shouted for him to look out but it was too late and he lost his life. The incident was to have featured on the "Prime Time" programme but it was unfortunately pulled before transmission.

The law appears to vary depending on who is involved in incidents. In this case, a man was involved in a fatal road traffic accident in which the victim had a wife and family yet no investigation was carried out as to whether the driver was under the influence of alcohol, although he had been seen in two public houses in the area and at a disco. He was not even breathalysed. I ask the Minister to urgently examine this case. The person involved in this fatal road traffic accident has caused terrible hardship and deprivation to the relatives of the victim. It is difficult to accept that somebody can walk away from such an accident without being breathalysed. The Minister must address this incident as a matter of urgency and amend the law to ensure that anybody involved in a fatal or serious road traffic accident would be breathalysed. Otherwise, we will not see any change in the number of terrible fatalities we have seen on the roads.

Donegal has had its fair share of such fatalities. Many of these accidents are due to the fact that people do not obey road traffic legislation in terms of speed limits and driving under the influence of alcohol. If people think they can get away with such behaviour, they will do it. If one looks at the car parks of public houses any day of the week there are many cars outside yet the majority of these cars are gone after closing time. Only one or two conscientious souls leave their cars behind. The Minister should not tell me all those people are safe drivers. People are driving cars under the influence of drink because they know they can get away with it. People abhor the terrible consequences of drink driving and know the effects an injury resulting in premature death can have on the family of the deceased.

People feel the law is not being upheld. In respect of the criminal justice system, we are talking about introducing anti-social behaviour orders although there are already adequate laws in place, such as the Children Act and liquor licensing legislation. These laws are not being enforced and they exist to ensure one can deal with the aforementioned activity.

We know there has been a 41% increase in the consumption of alcohol in the past ten years. We also know the major effect of advertising in this area, yet no changes are being made in response. The licensing system is in operation but the problem is the drinks industry controls the advertising of alcohol. We all know young people are influenced by what is going on around them and, over the years, we have all noted influences from outside this country. I am thankful that many influences no longer exert themselves. The Government can have a major effect on one's influences. Elected representatives in the Dáil have an obligation to point out the issues that are important and in this regard I can think of none of greater importance to people than staying alive. Facilitating this is the job of this House and the Government.

Gardaí have discretion as to whether to breathalyse a suspected drink driver. However, it should not be discretionary but mandatory. I ask the Minister to consider this as a matter of urgency. In the case I mentioned, I wonder whether there could be a reinvestigation into what happened. I find it very hard to understand how, in cases where someone is fatally injured, the person responsible can be brought to court only on minor charges, such as the charge of driving with a provisional licence without being accompanied by a fully licensed person. I ask that the case in question be investigated.

We, as citizens and parents, have a responsibility to ensure our children get the best possible chance in life. Every parent dreads that his or her children may go out at night and not return. When they get that phone call——

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