John Dennehy (Cork South Central, Fianna Fail)

The legislation will assist in this regard. Because of the mixture of complex issues involved, it is important the legislation can ultimately stand up to minute scrutiny, particularly in the courts. It is a matter of huge concern to the public and Oireachtas Members that road traffic offences, which have been legislated for in the Houses, have been dealt with in an inconsistent fashion by the courts. Every amendment to road traffic legislation, whether it concerns speeding or drink driving, is inevitably challenged with cases often passing through the hierarchy of courts. Every attempt is made to find a loophole that legal professionals always feel exists. Each of the Departments involved in the legislation, the Garda and the State's legal advisers will try to ensure legislation is watertight. Fortunately, we have a Constitution but, given the ability of a number of our legal minds, that can create a difficult proposition when implementing legislation such as this.

While all the various legal challenges are dealt with in the courts, people are dying on the roads at a frightening rate. Everybody must accept that motoring offences are serious and if legislation is challenged, the challenge must be dealt with speedily by all involved, including the Garda, the courts and the legal profession. It is scandalous that such challenges can be delayed for two or three years. That is totally unacceptable and cases must not become statute barred. In particular, 500 or 600 out of 1,800 cases were statute barred in recent years and that should not happen. There is total confusion in the minds of the public regarding various offences because of the various defences put forward in court, although everybody should be able to defend himself or herself. Reference has been made to how other countries deal with such offences. The US is cited because of the high standard of its roads but if a person is caught drink driving there, he or she is locked up and there is no messing around for two or three years while he or she seeks out the best lawyer in the state. He or she is prosecuted on the spot.

When considering the positive aspect of road traffic policy in other jurisdictions, we should examine how offenders are treated because we are casual or lenient in that regard. If this was happening in other areas of law enforcement there would be a greater outcry, but it is acceptable where motoring offences are concerned, which also raises questions about everyone's priorities. Everybody will recall the difficulties experienced by the Government three weeks ago and the concern among the public about rushing legislation. However, more than 400 people are dying on our roads but nobody is concerned if somebody challenges the use of the breathalyser, speed cameras and so on. As Deputy McEntee highlighted, an individual convicted of an offence one year was able to drive over his own father the following year. That cannot be accepted in modern society.

Although delays in bringing the Bill before the House are regrettable, it would be better in the long term to ensure the legislation is far reaching and watertight. However, all Members will do their best to ensure good legislation is passed. Tackling road deaths must involve changing the mindset of young people in particular because they have most to learn, and a partnership approach between drivers and the authorities must be adopted if we are to be successful in halting the carnage. That is a two way process and I will refer to a number of examples of partnership later.

People are being killed on roads around the country on a daily basis because they take chances speeding and they lack driving knowledge. Those who drive between Cork and Dublin regularly witness people in the smallest vehicles driving at the highest speeds. They aim the car in one direction and hang on to the steering wheel while hoping for the best, which is tragic. We must get tough on senseless speeding, drunk and reckless driving and ensure conformity to existing provisional licence regulations while they are still in force, and have planned learner driver initiatives implemented. I was glad Gay Byrne stated before the recent bank holiday weekend that he is not concerned about the driver who travels at 3 or 4 mph over the speed limit because we all know what constitutes senseless speeding. The EU may make a stand on driving standards and, hopefully, a positive directive will be introduced on this issue. Tough new deterrents must be considered to ensure a positive change in driving attitudes, which will help educate people that the faster they drive, the greater the possibility of serious injury or even death.

Education of all drivers, not simply learner drivers, is an essential priority. Important factors include changes in the road structure and types of roads, at complicated junctions and roundabouts, in higher vehicle speeds and a greater number of heavy goods vehicles. All must continually educate themselves on the dangers of driving in public. Based on my observations, present driving standards are much poorer than in the past. This may be due to the greater number of vehicles and the greater number of people who have been able to acquire a car. However, those who have been driving for a long time and who realise that danger is continual and imminent must allow for that.

The introduction of driver theory tests and practical learner instruction to the secondary school curricula, possibly in transition or leaving certificate years, might increase awareness among young drivers. Heretofore, had one suggested that students should be taught to drive properly, people would have scoffed. However, it must be accepted that at present, many students drive and bring their cars to school, and they should be taught the correct way, in so far as possible.

At present, it is far too easy to start driving on provisional licences, and many young and inexperienced motorists are not sufficiently well prepared for the potential difficulties which they might experience. The Bill provides for the introduction of a learner permit to replace provisional licences. It is quite possible that the EU will intervene in respect of the provisional licence issue and will prohibit people with such licences from driving unaccompanied, by issuing a directive to that effect.

New regulations may require learner drivers to undergo a course of instruction. The content of such courses of instruction may be regulated, as may the amount which driving instructors charge for such courses. This is welcome, as I have always argued that once something like insurance becomes mandatory, there should be an element of State control on the charges levied. I believe the driver instruction charges should be similarly covered.

The Bill also suggests a period to be specified following the grant of a learner permit during which a learner driver may not apply for a driving test. This is intended to ensure there will be a minimum period in which a learner driver has to undergo instruction before being allowed to apply for a test. This is common sense. I expect that all Members can remember the first time he or she went out on the road, the terror of trying to steer the car and so on. Moreover, that was when traffic levels were only 50% or less of the present levels. As the roads become more crowded, and it becomes more dangerous to drive, it is essential that people are reasonably trained.

As the Minister noted, this Bill represents the sixth major legislative initiative taken in the area of road traffic in the past six years. Penalty points, new speed limits based on metric values and the establishment of the Road Safety Authority have all been introduced. The penalty points system is now being implemented and the public, particularly those who have picked up points, will appreciate their presence fairly shortly. The delay was due to messing about with computers, difficulties with logging on and so forth. However, the amalgamation of the PULSE system with the Garda's new system will mean that people will receive penalty points notices more speedily — no pun intended. In addition, enforcement will take place. In tests conducted four or five years ago, it was found that 50% of the film in fixed speed cameras was clouded. Hopefully, such things will not happen any longer, because they bring everything regarding the control of speeding into disrepute.

However, this Bill, correctly emphasises road safety provisions. Members should deal with this aspect, rather than trying to start an inter-party row about finance or other matters. Although serious concern is expressed in this regard, as I noted in the context of the courts, I do not know whether people follow through sufficiently on that concern. Hopefully, they will do so in the future.

This legislation is aimed at creating the conditions and consciousness that will lead to a significant reduction in the number of fatalities and serious injuries. This must be restated and the public must react to what has been happening in the courts. Although members of the public might be personally affected by a particular case, they must stand up to be counted and to state that they do not accept some of the things that have happened in respect of traffic offences related to bad driving.

Enforcement of the traffic laws and the promotion of driver education are crucial in the effort to cut back on the carnage. At the time when the first road safety strategy was published, it was believed that if the Government could not come up with a planned co-ordination of actions by various bodies, road deaths would reach 550 by 2002. The Minister mentioned that point. While the previous speaker mentioned some figures, the Committee of Public Accounts performed some analysis in so far as it could. Although the committee did not wish to cite a specific figure, a minimum of 100 lives have been saved by the implementation of the penalty points system. The figure was arrived at by considering the number of vehicles on the road at the time of its implementation, as well as the numbers of accidents, fatalities and so on, and working from that basis.

Many people and agencies have many ideas on road safety and open and frank debate with collective analysis will facilitate the development of new and better strategies to replace older initiatives.

I stated that there must be a partnership approach. For many drivers, inconsistency in the implementation of speed limits is the most annoying aspect of this issue. For instance, an example which irritates me weekly is the Naas Road, which now has seven miles of double carriageway on both sides. Most of it is newly constructed and it has four well-lit and well laid out traffic lanes, which are probably of a higher standard than 80% of roads in the rest of the country. However, that seven mile strip has a speed limit of 60 km/h, whereas on 80% of vastly inferior roads there is a limit of 100 km/h. I understand the National Roads Authority imposed the 60 km/h limit. It is, however, life threatening to drive on that road within the speed limit.

Three weeks ago, I had the experience of being passed by the driver of a low-loader, which had a trailer attached, with two traxcavators on board. He drove behind me and became so annoyed that he swerved around me, passed me out and then pulled in sharply in front of me. Perhaps he was teaching me a lesson because I was driving so slowly. It is likely that I was driving seven or eight kilometres per hour over the limit prescribed on the signs. There was nothing in front of me for the next quarter of a mile on a busy Thursday afternoon, because other drivers simply ignored what they regarded as a very unfair limit. It is scandalous and brings matters into disrepute. This is meant to be a partnership and people are entitled to a fair crack of the whip. The retention of that limit on that road for so long amounts to laziness, carelessness or whatever.

Moreover, a new sign has been erected, to the effect that the road is Garda controlled. Hence, one is being threatened with penalty points on an excellent seven miles of dual carriageway, without contra-flows or anything similar. I can travel to New Inn in County Tipperary, where the trees hang over the road and the grass grows to its edge, or to Abbeyleix, which is similar, and can drive legally at 100 km/h. I invite the members of the National Roads Authority to drive this excellent stretch of road on a busy afternoon to ascertain whether they can do so while driving within the limit. If they do, they will take their lives in their hands. Hence, common sense is needed on both sides of this issue.

As the Minister for Transport, Deputy Cullen, pointed out in his opening remarks, the public and political scrutiny of the first road safety strategy gave rise to the identification of many of the policy options identified in the second strategy, which is now in its final year. The current strategy has seen the implementation of the metric system of speed limits, the roll-out of the penalty points system, the introduction of the Garda national traffic corps and the Road Safety Authority. The advent of these organisations will have a positive effect on road safety in the long term.

I must confess that I cannot recall the name of the previous speaker, who is the most recently elected Member. He complained about finance, potholes and the condition of roads. The capital investment programme for the next ten years under Transport 21 is €34.4 billion, which must make a massive improvement. No matter what way one breaks it down, it is an investment of €9.4 million every day for the next ten years. Anyone coming here and suggesting money is not being made available for infrastructural improvements, roads and public transport is being misleading. It does not help in attempting to prevent fatalities.

Transport 21 will connect all regions to each other as well as our main sea ports and airports. In cities, including my city of Cork, it will provide greatly enhanced public transport alternatives to the private car. We have new train carriages on the journey to Dublin which provide us with great comfort at €2 million a throw. We do fairly well.

I wish the Minister for Transport, Deputy Cullen, every success with this critical Bill. Every one of us is involved in road safety. Those of us who drive have particular involvement but even pedestrians are involved as are our families. I commend the Bill to the House.

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