Noel Dempsey (Meath, Fianna Fail)

I apologise on behalf of my colleague, the Minister for Transport, Deputy Cullen, who, unfortunately, could not be present this evening. I thank Deputies from all sides for an informed debate on an important legislative change to traffic law and road safety. It is evident from the number of debates the House has had on road safety and the series of road traffic Bills it has passed that this issue unites all sides.

The debate raised many issues and I will endeavour on the Minister's behalf to respond as positively and constructively as possible. The Minister looks forward to working with Opposition Deputies on Committee Stage to consider in detail some of the issues they raised. He has indicated his intention to take an open and constructive approach to amendments Opposition parties may table or issues they may raise.

I reiterate the importance and urgency associated with this Bill, particularly as regards mandatory alcohol testing and the privatisation of speed cameras. It is important that the Bill is passed and in this context I acknowledge the co-operation of Opposition Deputies.

The Government welcomes the overwhelming view of the House that hand held mobile telephone use while driving must be prohibited. I appreciate the recognition by Deputies of the need to establish a flexible legislative framework to enable in-vehicle communication technologies posing particular road safety risks to be regulated in a speedy manner without the need for primary legislation on each occasion. As Minister for the Environment and Local Government on a previous occasion when this issue was discussed, I am delighted the matter is finally being regulated in law.

Deputies Olivia Mitchell and Shortall expressed reservations concerning the robustness of the provision prohibiting hand held mobile telephone use. They cited the absence in the Bill of a definition of the term "driving a vehicle" and indicated this omission would likely give rise to motorists challenging prosecutions for this offence. It is important to point out that section 23 provides that, if enacted, the Bill will be construed together with other Road Traffic Acts, all of which should be read together. The words "driving" and "driver" are widely used in traffic law and it would be impossible to have road traffic legislation without a reference to "driving" or to a "driver". The word "driving" is defined in section 3 of the Road Traffic Act 1961. This longstanding definition has passed the test of time with regard to the implementation and enforcement of road traffic law.

It was suggested the defence concessions provided for in section 3(7) on the use of a hand held mobile telephone are wide open to abuse. The subsection has been drafted so that the use of a hand held telephone would be considered permissible in two circumstances only. The first of these would be to make a call to the Garda or emergency services on numbers prescribed by the Minister. It is intended to prescribe 999 and 112 as these numbers. Calls to these numbers can be traced, including, I understand, calls from "pay as you go" mobile telephones. If section 3(7) is invoked as a defence by a person caught by a garda using a hand held mobile telephone, it would be relativity straightforward to establish whether the call was to a prescribed emergency service telephone number.

The other permitted use of a hand held mobile telephone relates to a genuine emergency. It is recognised that there may be other emergency circumstances in which a driver may need to use a hand held mobile telephone while driving his or her vehicle. However, it will be up to the driver to convince the Garda or the court that the use related to a genuine emergency. These defence provisions are reasonable and are not easily open to abuse. We all had the experience in recent weeks of ensuring that reasonable defences were available to us. Hands free mobile telephone use involving bluetooth telephones will not come within the scope of the prohibition provided for in subsection (1) of section 3 of the Bill.

An exemption will be provided to drivers of Garda vehicles, ambulances and fire tenders under strictly controlled circumstances. The exemption will only be available where the driver is acting in the course of his or her duties. While use of a hand held telephone would not generally arise, it is prudent to provide an exemption to providers of these independent and important services.

I note the proposal to privatise the operation of speed cameras has been welcomed overall, although a number of Deputies have expressed concerns about various aspects of this initiative. The purpose of the privatisation initiative is to enhance overall road safety and help reduce the numbers of deaths and serious injuries on our roads. The purpose of deploying cameras is to encourage road users to drive within the speed limit, specifically at locations where there is a known speed related danger of crashes. It has been accepted that the Garda cannot operate a system of fixed and mobile cameras without a significant private sector engagement and the target of 11.1 million vehicles to be checked for speeding annually as outlined in the road safety strategy cannot be achieved without privatisation. I assure the House the central focus of this initiative is on saving lives rather than earning revenue. There will be no link between the fees paid to the private operator and the number of detections. Decisions on the locations of cameras will reflect experience of speed related collisions and evidence of a history of speeding. A combination of fixed and mobile cameras will operate in target areas. The private operator will have no role in the selection of the camera sites. The Bill addresses the specific parameters required to facilitate the engagement of a private sector operator. The Government is fully committed to the establishment of strict criteria which will be applied in respect of the determination of the locations and the operational parameters for the engagement of the private sector in this area. I assure the House this project will be under the control of the Garda at both strategic and operational levels.

Deputy Shortall raised an issue in regard to the blood alcohol limits in this and other states. In Ireland, an 80 milligram limit is strictly applied. The lower blood limits applied in some countries do not always attract equally strict penalties. Statistics indicate that those being detected for drink driving have a blood alcohol level well in excess of the legal limit. Some 85% of blood and urine specimens and 80% of breath specimens analysed in 2004 by the Medical Bureau of Road Safety were above the alcohol limit for driving. It is even more worrying that more than half of those who failed blood or urine tests and almost one third of those who failed breath tests had alcohol contents of at least twice the legal limit. The limit, therefore, is being ignored by a core number of drivers who simply refuse to obey the law. I assure the House that the question of reviewing the limit will be kept under review. However, the priority at present is to increase the chances of being breathalysed through the introduction of mandatory alcohol testing.

The Minister for Transport, Deputy Cullen, has asked officials to examine the concept of introducing lower blood alcohol limits for learner drivers, as is the practice in some other jurisdictions. The introduction of such a measure would require an in-depth examination of legal issues and widespread consultation. It is not possible to introduce such a measure in this Bill within the given timeframe.

Deputy Cowley and others proposed that the Bill be amended so that a driver involved in a road traffic accident shall be required to undergo a mandatory test for alcohol or drugs. The Road Traffic Acts already provide that a member of the Garda Síochána may require a person in charge of a mechanically propelled vehicle to provide a preliminary breath specimen where the vehicle is involved in a road collision or where a garda considers that a road traffic offence has been committed or forms the opinion that the person has consumed alcohol. The purpose of preliminary roadside breath testing is to provide the gardaí with a facility to assist them in determining whether a person in charge of a mechanically propelled vehicle has consumed alcohol. The Road Traffic Acts provide that a person may be arrested for a drink driving offence without recourse to a preliminary breath test.

There may be circumstances, especially in the context of a road collision, where it may not be possible for a member of the Garda to require a person who is unconscious or injured to submit to a preliminary breath test. Under the Road Traffic Acts, gardaí may place an obligation on a person to provide a blood or urine sample in a hospital. This applies where an event occurs involving a vehicle which results in a person being injured or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital and where a garda is of the opinion that at the time of the event the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs. Garda discretion in the use of preliminary roadside tests is an integral element of the enforcement provisions in legislation applying to drink driving.

Deputies Mitchell and Shortall have asked for clarification on the operation of mandatory alcohol testing. Drinking and driving in Ireland is recognised as one of the most serious contributory factors in road collisions and evidence shows that drink driving is increasing. There is widespread acceptance among responsible motorists and society as a whole that driving under the influence of alcohol is potentially dangerous. Despite extensive publicity and targeted campaigns, some drivers are not willing to change their behaviour. The numbers of deaths on our roads will not decrease unless strong legislative measures are taken and enforced to bring about attitude change. The primary target of the road safety strategy commits the Government to the introduction of a form of roadside breath testing which would address in a positive way the problem of drinking and driving. The introduction of a scheme has been the subject of extensive consultation and legal advice.

Section 4 outlines the scheme for roadside alcohol testing, known as mandatory alcohol testing, and the legal basis for the establishment and operation of Garda checkpoints. Mandatory alcohol tests can only be pursued on the specific written authorisation of a garda officer not below the rank of inspector. That authorisation must be in writing and must clearly establish the place, date and the hours between which it may be operated. When setting up a checkpoint, there is a need for absolute transparency in procedures and the wording of this section was drafted very carefully with that in mind after widespread consultation with the Garda Commissioner and the Attorney General to find the correct balance and proportionality. There is a need for flexibility with regard to the timing and locations of checkpoints. The current wording allows necessary operational flexibility for the Garda to stop and start checkpoint activities according to traffic volume and other considerations. The Garda Commissioner will establish guidelines to assist and inform all members of the force in carrying out their roles in respect of the operation of tests.

Mandatory alcohol testing in countries where it is not necessary to form an opinion as to whether alcohol has been consumed has proved to be an enforcement tool capable of changing attitudes towards drinking and driving. The provision on testing aims to give a clear and consistent message to drivers that drink driving is a dangerous and unacceptable activity. Random checks of vehicles are highly effective when combined with the right to breathalyse and high visibility and can reduce drink driving fatalities by between one third and one half. The introduction of a new system, combined with publicity and rigorous enforcement, will enhance the deterrents to drink driving and bring about the changes in attitude and behaviour needed to reduce the number of fatalities on our roads.

I thank the Deputies for this constructive debate. The Minister for Transport sends his apologies and looks forward to engaging with Members on Committee Stage.

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