Martin Cullen (Waterford, Fianna Fail)

I wish to share time with Deputy O'Connor.

I congratulate Deputy Olivia Mitchell on her work in producing this Bill and for focusing on the problem of irresponsible mobile telephone use by drivers of motor vehicles. It is well known that I am in favour of a prohibition on the use of hand-held mobile telephones while driving and I therefore welcome the spirit behind the Bill. As I signalled on 8 March last at an NRA road safety conference, it is reckless to drive and hold a telephone simultaneously. Some drivers seem to feel they have more arms while driving than an octopus has tentacles. Missing a call will not kill a person, but an accident could. Therefore, just like the NRA's conference, anything that gives Members the opportunity to debate this most important issue is welcome.

While I have serious reservations concerning certain provisions of the Bill and its drafting, I will not oppose the Bill on this Stage. The sight of a driver with a mobile telephone to his or her ear, held there by hand or by some strained shoulder manoeuvring, is all too common. In taking any journey or in just observing passing traffic from the pavement, one will witness numerous instances of appalling and dangerous driving associated with inappropriate mobile telephone use. This irresponsible behaviour is not confined to drivers of particular vehicles. One will see it from drivers of articulated vehicles, HGVs, LGVs, and cars. Neither is it a gender matter; both men and women are equally at fault.

Mobile telephone use by drivers is dangerous because it distracts them. In the case of a hand-held mobile telephone, the distraction occurs in two ways: physical distraction and cognitive distraction. Attempting to simultaneously operate and hold the mobile telephone while driving the vehicle is dangerous and wrong. Diverting one's attention from driving to concentrate on the telephone conversation is dangerous and wrong.

While intuitively everyone knows it is dangerous to use a hand-held mobile telephone while driving, significant numbers of people engage in the activity regardless. It is no longer necessary to rely on instincts as it has been clearly shown in solid international research and studies that it is dangerous. From these studies it has been suggested that the use of a mobile telephone while driving could increase the risk of involvement in a road collision by up to four times.

Survey results in other countries have found that 60% to 70% of drivers use their mobile telephone at least once a day. It is also estimated that at any given moment of the day 1% to 4% of drivers are using a mobile telephone. Mobile telephone ownership in Ireland has reached saturation point with almost every citizen now owning a mobile. With these levels of activity, the potential for collisions is significant.

The mobile telephone is now an integral part of modern living and is here to stay. The challenge for those charged with responsibility for road safety is to ensure that this worthwhile technology is used in a manner that does not compromise road safety. Mobile telephone communication and motor vehicles are not mutually exclusive and a harmonious co-existence is possible provided the ground rules are clearly understood and respected. The advice is clear: one should stop and park the vehicle before engaging in a mobile telephone conversation. However, despite the singular and unambiguous research findings to prove that mobile telephone use while driving poses a significant road safety risk and the unanimous advice from safety bodies not to do so, the fact remains that many people ignore the advice.

Given the risk, the obvious question is why do significant numbers of drivers regularly engage in an activity with potentially serious consequences for road safety? There is no one answer to this question. Is some form of dual personality at play which affects certain drivers in road and vehicle safety? If one was to compare the outlook to safety of a motorist as a purchaser of a new vehicle and as a driver of that vehicle there can be a serious gulf. It is now the case that prospective purchasers view a vehicle's safety specification to be as important as, if not more important than, the traditional selling points of performance, style and luxury. This is right and proper and I wish it to be the way with all buyers. One has only to look at any advertisement for motor cars to appreciate this heightened interest in vehicle safety by the public. A high safety rating, such as a Euro N-CAP accolade, is now a sufficient and worthwhile basis for motor manufacturers to promote and market their vehicles. This reasonable and responsible approach to vehicle safety compared to the casual attitude to road safety of certain drivers is difficult to comprehend.

I suggest that in many cases it is due to a misguided belief that one's driving skills are a cut above those of everyone else and that the Rules of the Road are for ordinary mortals and of little relevance to such drivers. This misplaced confidence is not only foolish; it is deadly foolish, as it can only result in tragedy and loss of life on the road.

The sanction of law is therefore necessary to deal with drivers not prepared to act responsibly. Under existing road traffic regulations, persons charged with careless or dangerous driving leave themselves open to severe penalties. Improper use of a mobile telephone could result in careless or dangerous driving and prosecution for such offences. A conviction for careless driving carries penalties consisting of a fine of up to €1,500 and five penalty points. A person convicted of dangerous driving causing death or serious bodily harm can be liable for a prison term of up to ten years or, at the discretion of the court, a fine of up to €15,000, or both. In any other case of dangerous driving, a fine of up to €2,500 can be imposed or, at the discretion of the court, imprisonment of up to six months, or both. A person convicted for dangerous driving is also disqualified from driving.

The Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 prohibit the use of a hand-held mobile telephone by a person while driving a motor vehicle. However, following advice from the Attorney General — as has been alluded to by other Deputies — that the regulations are open to challenge in the courts on the grounds that they may be ultra vires, the regulations have not been enforced. The Road Safety Strategy 2004-2006 commits the Government to provide a legal basis for control of the use of mobile telephones by drivers. The approach adopted in other countries on the regulation of mobile telephone use, in so far as my Department is aware, was to ban the use of hand-held telephones. While the evidence from studies does not show that hands-free mobile telephone use has a significant safety advantage over hand-held mobile telephone use, the regulation of hands-free equipment would be extremely challenging, particularly in enforcement. It is for that reason I will propose that the regulation of mobile telephone use here will be in respect of hand-held telephones.

My Department has been considering how best to frame appropriate primary legislation to address the mobile telephone issue. I want to set out for the benefit of Deputies Olivia Mitchell and Shortall, in particular, the approach I will take. Given the proliferation of vehicle-based information and communication systems and the pace of innovation with these technologies, it is important that any legislation would not act as a brake on genuine worthwhile technologies but would have the scope to be able to deal with any road safety issues that may arise from irresponsible use of these technologies. In-vehicle navigation aids, just in time vehicle tracking for logistic companies and active cruise control are just three examples of desirable and beneficial systems based on applications of mobile telephone technologies.

The proposals that I am finalising will provide for a broad-based legislative framework and will address the overall regulatory questions arising from the development of in-vehicle information and communications technologies with a potential to be a road safety hazard if not used responsibly by occupants of motor vehicles. The approach will involve both primary and secondary legislation. The primary legislation will be of an enabling type giving the Minister general power to make regulations to govern the use of in-vehicle technologies by occupants of motor vehicles. The regulation of a particular technology would be done through secondary legislation. It is by means of such secondary legislation that I will prohibit the use of hand-held mobile telephones by drivers of motor vehicles, as I promised some time ago.

The next Road Traffic Bill to be brought forward will contain the enabling provisions. The general scheme of that proposed Bill will be brought to Government for approval in the coming weeks. That Bill will also provide for random breath testing and the outsourcing of the operation of speed cameras, as has been referred to by other Deputies tonight. As soon as the proposed Bill is enacted, I intend to make regulations prohibiting the use of a hand-held mobile phone while driving a motor vehicle. l also intend to apply penalty points to the offence, although I am aware that Deputy Mitchell is making similar provisions in her Bill.

I would like to describe the wider road safety agenda being pursued by the Government in terms of its dedicated national road safety strategy. For the first time, road safety planning and initiatives have been placed within a distinct policy framework featuring a set of specific unified goals based on the delivery of progress across a range of areas. The adoption of this strategic approach was pursued against the realisation that the persistent growth in vehicle numbers and negative trends in road casualties required a concerted and integrated response. The primary target of the existing road safety strategy is to reduce the number of road deaths to no more than 300 by the end of this year. This is a serious challenge which we must face collectively. Our focus, therefore, is to continue to implement the key initiatives outlined in the strategy aimed at achieving reductions in the numbers of deaths and injuries.

The penalty points system will be extended next week from the existing five offences to a total of 35. The new offences will focus on driver behaviour, the greatest cause of road collisions. Furthermore, a dedicated traffic corps has been established by the Government which will comprise 1,200 traffic corps officers by 2008. This will represent more than double the number of gardaí involved in traffic duties prior to the establishment of the corps and result in a significantly increased deterrent effect.

We introduced a revised speed limit structure expressed in metric values in January 2005 which has resulted in a reduction of speed limits on over 90% of the country's roads. The changeover went smoothly and represents a good example of both national and local authorities working together with a common aim.

Shortly I will bring a new road safety Bill to Cabinet. Among the key initiatives to be contained in it are the engagement of private sector interests in the operation of speed cameras; random breath testing for drink driving; and the banning of driving while using a hand-held mobile phone, the details of which I have outlined.

The current road safety strategy commits the Government to the engagement of private sector interests in the deployment and operation of speed cameras. Safety cameras are not about collecting money. Their only purpose is to save lives and reduce the number of casualties at accident black spots. A working group, established to examine the general framework within which this proposal can be pursued, acknowledged that it would be necessary to engage private sector interests if we were to reach the critical mass required to establish a level of enforcement to support the achievement of the enforcement targets in the road safety strategy. The report of the working group which will inform our pursuit of this initiative presents a template for its operation that is clearly grounded in road safety. The Garda will have a general supervisory role in the management of the initiative and, with the assistance of the National Roads Authority, will be responsible for choosing sites for the placement of cameras. The basis on which sites will be selected will relate directly to collision history and prevalence of speeding incidents. The group has recommended that there can be no connection between the revenue collected from detections by privately operated cameras and the funding of the operation.

The road safety strategy provides that random breath testing provisions should be in place before the end of this year. There is little doubt that random breath testing is seen as a particularly successful element of road safety policy in many states. Against the background of that commitment, I have pursued a very detailed examination of the possible approaches that could be adopted to allow for the introduction of a scheme of random breath testing. That examination was pursued in close consultation with the Attorney General in order that random breath testing provisions could be introduced which would establish a balance between legitimate expectations that the numbers of road deaths and injuries would be radically reduced and the rights of citizens generally. I will bring forward legislation during the current Dáil session on this issue.

A significant aspect of advancing the road safety agenda is the establishment of the Road Safety Authority. The Road Safety Authority Bill 2004, formerly the Driver Testing and Standards Authority Bill 2004, is the legislative basis for establishing the authority and has completed Committee Stage in the Dáil. When the Bill was introduced, its principal purpose was to establish a driver testing and standards authority, the primary responsibility of which would have been the delivery of the driver testing service and the regulation of driving instructors. It would also have had a statutory duty to promote the development and improvement of driving standards. However, the functions to be assigned to the authority were reviewed and the Government decided that the establishment of a separate public sector body to deliver the driver testing service and take responsibility for other functions pertaining to the testing and control of drivers offered an opportunity to assign other road safety functions to the authority. Consequently, the Government decided to amend the Driver Testing and Standards Authority Bill 2004 to enable the authority to play an important role in the process of improving road safety in general.

The Road Safety Authority will be a single statutory agency with responsibility for a wide range of functions bearing on road safety and will be in a unique position to co-ordinate and advance the road safety agenda through the delivery of road safety programmes such as testing of drivers and vehicles, driver education and the promotion of awareness of road safety. The authority will have a significant advisory role to the Minister in the development of road safety policies. In order to facilitate the authority in carrying out its role, additional functions will be transferred to it, including the functions of the National Safety Council with regard to the promotion of education and awareness of road safety. The authority will have a general duty to promote the development and improvement of driving standards. It is appropriate that the educational brief of the NSC, together with its function in the promotion of road safety, should be transferred to the authority.

In the road haulage sector the authority will take responsibility for the functions currently exercised by my Department with regard to drivers' hours and rest periods, including tachographs, the working time directive for mobile workers in the road transport sector and the implementation of EU requirements in respect of bus and lorry driver vocational training. In addition, the authority will be able to enforce the relevant regulations in these areas and conditions applying to licensed road haulage operators. Responsibility for implementing new requirements under EU directives in respect of professional driver training in this area will also be assigned to the authority.

It is proposed to transfer further functions relating to the standards applied to vehicles sold or used in Ireland, as required by EU directives, and all related matters. Work in this area includes EU vehicle type approval law, standards for in-service vehicles, commercial vehicle testing, oversight of the NCT and random roadside testing. The activities of the authority as originally envisaged all have a bearing on road safety and the addition of these functions will enhance the effectiveness of the authority in contributing to an improvement in road safety. While the authority will have a significant input into road safety through driver training and testing and vehicle testing, it will also take responsibility for the road research element of the NRA. This will enable it to analyse the causes of road accidents andmake appropriate recommendations where necessary.

The authority will be funded from revenue generated from its operations and funding from the Exchequer to support road safety programmes. The detailed arrangements for its funding are being considered in the context of the process of its establishment. The chief executive officer will be responsible for the propriety of its accounts and the economic and efficient use of its resources and accountable to any committee of the Houses of the Oireachtas set up to examine its affairs.

In addition to the basic testing and educational functions, the Bill gives responsibility to the authority for the regulation of driving instruction. This will require those involved in the industry to meet predetermined standards which will cover not only their own ability to drive but also ensure that those meeting the standard will have the necessary instructional skills to deliver the message to the novice driver. Persons taking lessons will have greater confidence in the quality of instruction given, leading to better and safer drivers.

Yesterday, I announced the appointment of Gay Byrne as chairperson of the new Road Safety Authority. I am delighted he has taken on the task of working with us on road safety because he is a serious person for a serious job and has earned the recognition and respect of the Irish people. He is hard working and committed and always gives 100% in everything he does. His career has been characterised by courageousness and professionalism, skills which will be needed to bring about a sea change in driver behaviour. The team we are putting together in the authority, with Mr. Byrne as chairman and Mr. Noel Brett as CEO, is dynamic, focused and determined and underlines the seriousness with which the Government regards road safety and the carnage on the roads. I welcome the warm response from all sides of the House to Mr. Byrne's appointment and we all wish him success with the authority. He has not taken on this onerous task lightly but is a man with an independent mind who does not fear making his views known. I am determined to work with him and the new CEO to end the carnage we have witnessed on the roads.

I have made every effort to resolve the driving test backlog problem. I have put proposals to the unions and been brought through the legitimate processes of the industrial relations machinery. We have an arbitration result based on a technical outcome. However, it is not possible to clear the backlog using all the proposals made and the existing resources available to the State. There must be an outsourcing for a fixed time and number of tests. I appeal to the unions, to which I have spoken since the arbitration result, to agree a way forward with me in the next few days in order that we can build even more confidence in the public mind that collectively we are all serious about tackling the issue of road safety. I acknowledge that this is a collective effort, although my position and that of the Government is important. We will leave no stone unturned in attempting to secure a dramatically improved position.

I thank Deputy Mitchell for bringing up this issue and hope she accepts my point. I will deal with the matter and perhaps address one or two of the extra issues raised in the Bill in framing the new road safety legislation which I hope to present to the House in the near future.

See this speech in context