Noel O'Flynn (Cork North Central, Fianna Fail)

The issue of drink driving continues to be a significant cause of concern despite promotional campaigns, enforcement efforts and severe legal repercussions. People continue to drink and drive and it is clear this cannot be allowed to continue. The road safety strategy provides that random breath testing should be in place before the end of 2006. Experience in Australia has shown that random breath testing has made a significant contribution to the reduction of road deaths.

Legislation is being prepared to overcome constitutional difficulties surrounding random breath testing. There must be regard for civil liberties and the rights of the individual but the protection of the community from individuals who abuse their rights must inform our examination of this issue. If we legislate to give the Garda Síochána greater powers to impose roadside breath tests, the purpose will be to change the climate and culture among the public towards the practice of drinking and driving. In the unfortunate event this is not possible, we should remind ourselves that as things stand, a Garda may request a breath sample where he or she forms the opinion that an intoxicant has been consumed, where a collision has taken place or where a road traffic offence has been committed. The Garda Síochána must continue to robustly pursue drink driving enforcement by means of the powers already available to it. The Garda Commissioner has recently highlighted that a problem lies in the way existing legislation is challenged regularly in the courts.

People must recognise their responsibility when they sit behind the wheel of a car. Even when it is proved they were over the limit, individuals will still persist in challenging the law. In a society where the car dominates as a transport of choice, collisions and fatalities have become an almost inevitable consequence. Some collisions are as a result of freak sets of circumstances where nothing could have been done to avoid such an outcome. Drinking alcohol and then driving a car is not a freak occurrence. The individual makes a choice which far too often leads to death. Road collisions are often caused by a mixture of different factors coming together and drivers need to be alert to be in a position to act quickly if necessary. It is known that even one drink will slow down a person's reaction time.

Many of the accidents involving young people take place between the hours of midnight and 5 a.m. This tells its own story. People are out late and become tired. Many drivers fall asleep at the wheel of the car and are involved in serious and fatal accidents. The majority of young people are to be complimented because they are better than the older generation for arranging a designated driver who does not drink.

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