Michael Ahern (Cork East, Fianna Fail)

I thank the Deputy for raising this matter. I am speaking on behalf of the Minister for Justice, Equality and Law Reform, who is unable to attend. I assure the Deputy that the Minister and I are conscious of the continuing distress that this tragic incident is causing the family of Ms McDaid. The Minister has received representations from the family and has corresponded with them recently.

Road safety is an area of vital public concern. The human cost of road collisions is high. Road fatalities and serious injuries affect many more people than those killed and injured. Families, friends, communities and others involved in the incidents are also affected. The publicly elected representatives and the agencies and Departments responsible for dealing with road safety related issues are all aware of the urgent necessity of bringing about a steady reduction in the numbers of motorists, cyclists and pedestrians killed and seriously injured on our roads. No single organisation has the capacity on its own to solve the problems of deaths and serious injuries. The acceptance of responsibility by all road users is just as important, if not more so, as is the work of organisations in getting to grips with the level of death and serious injury on our roads.

For some time and in furtherance of Government policy, road safety has been a priority for the Garda Síochána. Road traffic law enforcement is one of the highest policing priorities for this year as set out in the Garda Síochána policing plan 2006. The plan sets challenging targets. The traffic corps will spend 20% of duty time patrolling single lane carriages at collision-prone locations and 30% of duty time on speed enforcement. There will be an increase of 15% in arrest rates for driving while intoxicated. The Garda Síochána will increase duty time on static, high visibility vehicle checkpoints.

The Minister for Justice, Equality and Law Reform established a dedicated Garda traffic corps in late 2004 and provided for the appointment of an assistant Garda Commissioner to head the corps. The achievement of the policing plan targets will be helped by this development and by the planned increase in the numbers in the traffic corps to 805 by the end of 2006 and to 1,200 by the end of 2008.

The Government's road safety strategy for the period 2004 to 2006, sets out an ambitious range of measures to be implemented. These cover the areas of road traffic law enforcement, road engineering measures, legislative measures, road safety awareness and education, community and local road safety work, ensuring safer vehicles and a road safety research programme. Work is under way on many initiatives in all these areas.

The improvement and maintenance of non-national roads in its area is a statutory function of each local authority as laid down in the Roads Act 1993. The issue of the quality of the road surface has been raised in this tragic case. The Minister has been informed by the Minister for the Environment, Heritage and Local Government, that a range of specialist advice has issued to local authorities giving guidance relating to road works. This advice includes his Department's guidance document, Surface Dressing, the National Roads Authority document, Specification for Road Works, and the Department of Transport document, Traffic Signs Manual.

The Department of the Environment, Heritage and Local Government, also published guidelines in 1999 on the depth of overlay to be used on rural non-national roads. Since then, local authorities have been regularly reminded of the need to apply surface dressing to dense bitumen macadam overlays as soon as is practicable for skid resistance purposes.

In response to the disturbing number of road fatalities in the Buncrana Garda district, a Garda traffic corps unit was established in the district on a pilot basis with effect from 20 October 2005. The unit is in addition to the traffic corps personnel already operating in the Donegal division.An interim evaluation of the unit has been conducted which indicates that there has been an overall reduction in the number of road traffic fatalities and an increase in the number of road traffic offences detected in the Buncrana district since the introduction of the unit. The Minister has been informed that following this review a decision has been made to extend the pilot until 15 March 2006 when a further evaluation will be carried out.

The crash which is the subject of this debate had not been reported to the Garda. However, the district patrol car came upon the scene subsequently. From inquiries made by the Garda members at the scene, it was established that a person had been removed to hospital. Some preliminary measurements were taken at the scene by the Garda Síochána. There was no indication as to the seriousness of the incident and, as a consequence, the scene was not preserved. By the time it became apparent that the crash had resulted in a fatality, the scene had been contaminated by other vehicular traffic and onlookers. Nevertheless, an investigation file was completed and submitted to the Director of Public Prosecutions. On 4 October 2001, the DPP directed that no prosecution take place in this case.

The Minister has been informed by the Garda authorities that an officer has been appointed to take charge of a review of the investigation into the death of Ms McDaid. The issues raised by the Deputy will be taken into account in the course of that review. In the interim, the Minister has sought a report from the Garda authorities on the issues raised by the Deputy, and he has undertaken to revert to the family.

There is no doubt that this is a very tragic case which continues to cause suffering and distress to the family of Ms McDaid. It is perfectly understandable that the family is seeking information on the circumstances of their loved one's death. The Minister will, however, await the outcome of the Garda review before commenting further on the case.

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