Olivia Mitchell (Dublin South, Fine Gael)

The last Government attempt to ban hand-held mobile phones was in March 2002. The Irish Independent stated:

The use of hand-held mobile phones by drivers will be outlawed within 48 hours. Road safety Minister Bobby Molloy is to sign regulations this week, effective immediately.

It was not 48 hours, nor 48 days, nor 48 months. Last night, just as Fine Gael had a Bill prepared, the Minister produced a Bill like a rabbit from a hat that overcame all the problems encountered for the past four years. According to the Minister he was motivated by nothing other than the public interest and his Bill not only matched Fine Gael's Bill but bettered it. Apparently it was coincidental that this occurred in the same week but I do not believe the Minister, nor do I believe his press officer.

The Minister heard the Fine Gael Bill was being prepared and was embarrassed into action. This was what we wanted and if Fine Gael forced the hand of the Government on this life or death issue, it has achieved something. If Fine Gael has moved the Minister from the torpidity that infects the Government's road safety policy, it has achieved something.

If the Minister is serious and intends to legislate, he must be proactive on the provision of service areas on motorways. I raised this some weeks ago in the context of staggering levels of non-compliance of HGVs with EU driving safety laws. This figure for non-compliance is 82% but in fairness to truck drivers, we must provide a place for them to pull over to make telephone calls, wash or get something to eat. They must also rest as they are obliged to stop after four hours driving. We know how unwelcome trucks are, particularly large HGVs, in towns and villages. It is difficult to find legal parking for a car in towns, never mind trucks.

In response to Deputy Shortall, the Minster stated that he had changed policy and that future motorways will have service areas. Existing motorways and dual carriageways must have the service areas retrofitted. We must facilitate people obeying the law by allowing them to make telephone calls safely and take rest periods required by law.

Next Monday a further 31 offences will be subject to penalty points. When the Bill governing mobile phones is enacted, it will also include provision for penalty points. I have raised the absence of effective procedures to alert the Garda Síochána of disqualification of a driver. There is no procedure in place to ensure disqualified drivers return their licences when requested. The Minister finally conceded that there was a problem but he has not fixed it.

A reply to a parliamentary question I submitted left me staggered. It stated the notification process has been strengthened and a copy of the disqualification letter is now sent by the Department of the Environment, Heritage and Local Government to the Garda Commissioner. I thought this reply was a joke. What will the Garda Commissioner do with all these letters besides allowing them to pile up on his desk? How does such a letter assist a young garda stopping a car in Ballinteer or Ballintubber and requesting a driving licence? If the licence remains in the hands of a person who is disqualified he or she can continue driving with impunity and there is no value to the introduction of penalty points. As we do not know how many years it will be before we have roadside technology and smart card licences it is only the failure to produce a licence that will alert the garda to the fact that the driver has been disqualified.

The procedure of local authorities requiring drivers to relinquish licences when they reach 12 penalty points is not working. Although local authorities may request the licence, there is no procedure in place for them to enforce this law nor is there any way for local authorities to notify the Garda Síochána if the licence has not been returned. Nobody knows who has been disqualified.

The Minister is indulging in his favourite occupation tomorrow, holding a press conference to announce the expansion of the penalty points scheme. He would be better served instructing the Garda Síochána on how to administer the system and allocating resources to do so. From Monday we can expect even more disqualified drivers on the roads because they will accumulate the penalty points more quickly. They will thumb their noses at gardaí attempting to implement this system.

The penalty points system has failed because it has not been enforced and this is another fiasco in the making. This will be another failed road safety procedure unless action is taken. This is another example of failure to co-operate on a cross-departmental and ministerial level. The Minister told me he will accept the Bill tonight, and I am pleased, although he will have a better one soon. That is fair enough if he wants to play that game, and if I were in his position I would play the same game, but I expect this legislation to be published by the beginning of the summer session, that is 24 April. I warn the Minister that I want this legislation to be published by that date and enacted by 31 May. I am being precise because if that is not done, the Fine Gael Bill will be pressed relentlessly. Fine Gael is determined that if it does nothing else in this session, it will effect this life-saving measure and it will be brought into law. I warn the Minister that until it is brought into law, every time he turns around I will be a lemming on his shoulder. I am determined to keep at him until this Bill is brought into law.

See this speech in context