Olivia Mitchell (Dublin South, Fine Gael)

Fine Gael introduces this Bill to ban the use of hand-held mobile phones because of the evidence that their use is a major driver distraction and, consequently, a direct cause or contributory factor in a significant number of accidents. We have poor accident information in Ireland. Much relevant information is not collected and much of what is collected is not collated and, therefore, not available in a useful and useable form. Nevertheless, we know enough and there is enough international evidence to merit urgent and decisive action to terminate the practice of using hand-held mobile phones with all possible speed. Even without research evidence, the evidence of our own eyes can tell us that not only is the practice of using hand-held mobile phones widespread, but that potentially dangerous use, particularly by van and truck drivers, is commonplace and becoming more so. It is hardly necessary to highlight the potential damage a heavy vehicle can do when a driver is distracted by a call and not in full control of the vehicle by virtue of the necessity to remove one hand from the steering wheel to hold the phone.

This is a short uncomplicated Bill that deliberately sets out to do one simple thing; to ban the use or holding of a mobile phone while driving a car. The purpose of the Bill is to make the holding of a phone an offence. We do not propose to include a requirement to prove the phone is actually being used. Neither is there an attempt, as in previous efforts to legislate, to ban having the phone on or about the person, on the seat, in the boot, or anywhere else. Proof of an offence will be provided either by way of the evidence of a garda who witnessed the event or a photographic record to support the charge. There is also provision for an on-the-spot fine of €80, subject to two penalty points on acceptance of the fine. Exemptions and defences are also created in the Bill to overcome problems encountered in previous legislative attempts. For instance, the emergency services and the Garda would be exempt from its provisions and drivers could also call emergency services on a hand-held mobile phone in circumstances that constituted a genuine emergency.

The Bill will merely prohibit the use of hand-held mobile phones by drivers of vehicles. The legislation will not apply to use by passengers, save in one situation — where a passenger is the full licence-holding supervisor of a learner driver. In this circumstance it is reasonable to expect the passenger to have the full use of both hands in case of an emergency or loss of control by the learner driver. However, the legislation requiring a supervising driver for learners is almost completely ignored. In addition, an official blind eye is turned to this breach of the law. This is inevitable and, in practical terms, unavoidable in a situation where learner drivers can wait over a year for a test. I recognise that including a mobile phone ban for supervisory passengers is probably irrelevant and redundant for the moment, but I include it because I hope some day we will be able to enforce it and the many other provisions of the road safety regime currently on hold pending the introduction of an efficient testing system.

The Bill does not seek to ban the use of hands-free mobile phones, bluetooth or even earpieces. Such use, if made an offence, would be impossible to detect. I also believe it would be impossible to engender any level of popular support for such a measure. I am told that for businesses the savings in petrol costs are enormous by virtue of drivers having access to a mobile phone because it eliminates many previously wasted journeys, thus saving time and money. However, recent research suggests that even hands-free mobile phones are a driver distraction, and I believe this to be the case. Most of us would be conscious of the distraction of a telephone call when dealing with a difficult motoring manoeuvre, changing lanes in fast traffic, doing a three-point turn and so on. Such a conversation can be a distraction in the way that a conversation with a passenger is not, simply because the passenger is aware of the level of attention required by the driver and the general context of the conversation and so can moderate discussion accordingly. In the case of a mobile phone call the caller may not even be aware the recipient is driving a car. At least, with a hands-free mobile phone, the driver has better control of the vehicle.

I stress that careless driving, where loss of control is due to the use of any kind of phone, including a hands-free phone, will remain a separate offence, as will loss of control due to texting with a hands-free phone, a particularly risky undertaking. Other categories of careless driving include shaving, drinking coffee, putting on make-up, changing CDs, reading the newspaper, doing crosswords and the myriad other potential driver distractions in the modern car. A more serious offence occurs when such careless driving leads to death, however innocent the activity may appear to be. A driver education campaign about such activities is urgently required, particularly as people are spending more and more time in their cars. In addition, we spend more time talking on mobile phones than people in any other European country. Therefore, we are at risk on all levels.

Texting on hand-held mobile phones is particularly risky because one takes one's eyes off the road for a prolonged period, in addition to removing one hand off the steering wheel. As texting is more prevalent among young people, one cannot help wondering whether it plays a contributory role in at least some of the many single car accidents with no obvious cause involving young people.

There are a number of reasons for bringing forward the Bill now. First, the number of cars on the roads is growing. Second, the number of deaths is increasing, as is the number of serious accidents. Simultaneously, the number and usage of mobile phones are growing. Ireland leads the world in this respect. Significantly, the use of mobile phones in cars is growing. What is equally significant is that their use is open and blatant. There is no attempt to hide or limit talking time by drivers, even by drivers of very large vehicles. This overt use of mobile phones indicates that for growing numbers, there is no sense of the need for furtiveness, or any anti-social stigma attached to what they are doing, or that the practice is either unacceptable or dangerous. Against this culture, advertisements, driver education, entreaties or the use of any moral suasion to desist are useless and will do nothing to bring the quantum change in attitude we need, to bring home the message of the risks associated with mobile phone use. A legislative ban backed by strict effective enforcement is the only way to change attitudes and ultimately bring about sustained behavioural change. If this is done, the benefit will be a reduction in accidents which will be far reaching. Raising road safety awareness through strict enforcement of any reasonable rule goes beyond the specific deterrent of a mobile phone ban to act as a general deterrent in respect of other road safety offences. This is a widely acknowledged phenomenon. A serious and visible enforcement of one offence creates an improvement in the overall observance of the Road Traffic Acts.

Unfortunately, the converse is also true. The Government introduced legislation to ban the use of hand held mobile phones which it then withdrew and failed to replace. This is a mandate for their flagrant, overt and widespread use. It sends another signal that official Ireland does not rate road safety or observance of the Road Traffic Acts and that legislation, implementation, administration and enforcement in this area does not have Government attention and is not a priority.

This Bill is Fine Gael's effort to improve road safety, albeit tackling just one aspect of a much broader agenda. The Minister has promised a new Road Traffic Act to deal with a number of issues such as the outsourcing of speed cameras, breath testing and so on. He has suggested he might be able to include the long-promised ban on mobile phones in that Bill but he subsequently backtracked on the commitment to introduce it in the Road Traffic Bill. He has agreed not to oppose this Private Members' Bill which is to be welcomed. However, one must question the Government's resolve on this issue.

Last week was four years to the day in March 2002 when the then Minister, Bobby Molloy, introduced the regulations. Four years ago on 19 March 2002, the newspapers reported, "Mobile phones by drivers will be outlawed within 48 hours. Road Safety Minister Bobby Molloy is to sign regulations this week, effective immediately." Many 48-hour periods have elapsed since then and we have not seen anything. Four years of inaction on a road safety issue such as this is unacceptable. It may be that the fear of reaping the kind of ridicule that was heaped on the Minister at that time is the inhibiting factor, but it is not a good enough excuse. The result of failure to introduce a ban only postpones further the prospect of a change in driver attitude to mobile phone use which is more important than possible Government embarrassment.

The same lack of focus, the same inability to concentrate on delivery, the same failure to sustain ministerial or Government interest beyond the press conference is evident in the pathetic attempts to reform the driver testing system. I raised this issue on many occasions. I raised it at the weekend with the Minister for Finance to request renegotiation of the partnership talks and it was raised by my party leader today. I plead with the Minister to deal effectively with this issue which is nothing short of a national crisis and a scandal. Even Gay Byrne, with all his undoubted talents, will not be able to reform the system while there is a backlog of 140,000 awaiting driving tests. There has been a decrease in productivity among the driving testers and there will be no hope of clearing that backlog unless outsourcing is allowed.

On mobile phones, on speeding, on breath testing, on driver testing, on road safety in general, the public has lost faith in the Minister. It is irrelevant whether it is a general lack of will on the part of the Government or the lack of ability to deliver. The end result is the same; the road safety strategy is in tatters. The public regards the administration of road safety legislation as so chaotic that they believe it is safe to simply disregard its provisions. Who could blame them? If there is no political focus on an issue, if there is no leadership from Government, if the Government does not take this problem seriously and take responsibility for cross-departmental issues such as penalty points, if the Government fails to introduce necessary legislation and put in place the necessary IT systems to implement legislation, and if the Garda and others charged with administration or enforcement are not resourced, then the clear message to the public is one of official indifference.

No amount of hand-wringing at the rising death toll can be an alternative to focused legislation, implementation and enforcement. Rules and regulations are in place to govern behaviour. Left to ourselves, we would not behave in the public interest. We have endless examples of how legislation can change, first attitudes, then behaviour and finally change the entire culture. The shame of being caught breaking the law and fear of legal consequences, fines or jail sentences, the loss of public standing, all operate as deterrents to what society regards as unacceptable behaviour and successfully changes our behaviour. Over time, with sustained enforcement the modified behaviour becomes embedded in our culture and changes what we regard as acceptable behaviour.

In Ireland, using hand held mobile phones while driving is regarded as acceptable; speeding is regarded as acceptable; drink driving is regarding as acceptable; truck drivers exceeding the safe and legally permitted driving hours is regarded as acceptable; and never getting a full driving licence is regarded as acceptable.

The message is clear. People behave like this because they can. The Government not only allows it through failure to enforce the laws we have, but encourages and fosters that behaviour through official indifference and ineptitude.

Fine Gael introduces this Bill to offer the opportunity to deal with just one of the outstanding road safety issues. If the Government had rejected this Bill it would have been regarded as dog in the manger behaviour, an admission that because it failed to introduce a mobile phone ban, it would not allow anyone else do so either. I am pleased the Minister has taken the responsible attitude, has decided not to oppose the Bill and accepts that it is a genuine attempt to eliminate at least one cause of accidents and road deaths and take it out of the equation. I warn the Minister that Fine Gael's agenda is to see the enactment of this Bill and it will be pressed to the very end because we are determined to ensure that it is passed as quickly as possible.

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