Róisín Shortall (Dublin North West, Labour)

To return to the proposal that an offence is deemed to have been committed if a garda witnesses a mobile telephone being used by a person driving, the number of cars with tinted windows will increase once this legislation is enacted. How can a garda see if a driver of a car which has tinted windows is speaking on a mobile telephone? This is an important point which occurred to me before the legislation was published. I am concerned about the use of tinted windows on cars and uncertain as to the justification for them. Anyone in charge of a mechanically propelled vehicle should be visible. Perhaps the Minister will address the use of tinted windows because they will make this legislation unenforceable and present a general problem. For example, in terms of enforcing the law on speeding the owner of a car with tinted windows photographed while exceeding the speed limit could argue that he or she was not driving and is not aware of who was driving at the time the photograph was taken. I will propose an amendment to address the matter.

The definitions set out in section 3(9) will become obsolete as mobile telephone technology develops. For this reason, the Minister should include an arrangement to allow the section to be regularly updated by ministerial order. Given that technology is moving at such a fast rate, we should ensure the introduction of every new version of a mobile communications device does not necessitate a change in the law. It should be possible for the Minister to amend the legislation by regulation.

Section 4 deals with mandatory alcohol testing. Why is it necessary to require a senior garda to authorise a road check? This requirement places a significant burden on Garda inspectors. Perhaps it helps to bypass potential constitutional impediments. Why was it necessary?

Section 5, which deals with drink driving, gives rise to many concerns. I have already indicated that the practice of having two, three or more drinks before taking a chance and driving home is very much part of our culture. We must all recognise and endeavour to eliminate this problem. Deputies present will recall a time when people would think nothing of drinking for three or four hours before driving home. The only reason many of us survived that period is that there were fewer cars on the road and they could not travel at great speed. Most Members of a certain generation grew up during an era when people held very different attitudes towards drink driving. Thankfully, such attitudes are no longer acceptable to younger people, many of whom never drink when driving. However, major cultural problems remain among middle aged and older people in respect of drink driving, and a small number of young people cannot see danger because they think they will live forever.

The Minister should have availed of the opportunity presented by this Bill to lower blood alcohol limits. Only Ireland, the UK and one other country have established blood alcohol limits of 80 milligrams. Other European countries have limits of 50 milligrams. We should send out a loud and clear message on this issue and I hope the Minister will consider an amendment to reduce the limit to 50 milligrams.

In a recent press announcement, the Minister said he was considering a reduction in the blood alcohol limit to as near to zero as possible for learner drivers, a limit which has been introduced in other jurisdictions. However, he did not provide for this in the Bill.

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