Jerry Cowley (Mayo, Independent)

I move amendment No. 27:

In page 6, between lines 38 and 39, to insert the following:

"5.—Section 106 of the Principal Act is amended by inserting the following new paragraph after paragraph (d):

"(e) Where a member of the Garda Síochána is present at the scene of an accident, resulting in the death or serious personal injury, he or she shall require where possible the driver(s) of the involved vehicle(s) to—

(i) provide (by exhaling into an apparatus for indicating the presence of alcohol in the breath) a specimen of his or her breath, and

(ii) accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the scene of the accident and there to provide a specimen of blood or urine for examination for the presence of drugs including illegal drugs and alcohol, and to provide a specimen of his or her breath by exhaling into a special apparatus (if not already provided).".".

I am amazed that there is no provision for the automatic testing of a person involved in a road accident. A driver who kills somebody in a road accident can walk away without being tested for alcohol or other drugs which could have interfered with his or her ability to drive safely. The Minister has claimed that, with the introduction of mandatory breath testing for drink driving, the Government's safety strategy will start to yield benefits but the terrible reality is that the Bill leaves it to an individual garda to decide whether to administer a test in the aftermath of an accident. I am aware of tragic cases in which people were killed but the driver was not tested for alcohol or drugs.

The European Transport Safety Council's report, which was published on 9 May 2006, criticised Ireland for having the second lowest rate of alcohol testing within the EU and for the fact that only one fifth of gardaí are trained to use breathalysers. We all accept the need for public responsibility but a minimum level of legislative provision is also necessary if we are to ensure that somebody who commits a crime is brought to justice. Given that so few gardaí are able to use breathalysers, it is no wonder that people get away with drink driving.

The law as it stands provides that somebody may be required to submit to a preliminary test, which leaves the decision to the discretion of an individual garda. I propose to amend the legislation to require that all drivers at the scene of an accident shall be required to submit to a test. Requiring everybody to be tested may give rise to resource problems because there are insufficient gardaí but there is an obligation on the Government to ensure that all drivers involved in serious or fatal accidents are breathalysed. If it is not practical to administer a test at the scene of the accident, it should be administered at the earliest possible opportunity. The Bill will be a complete farce if it is enacted without a provision for alcohol and drug testing.

Alcohol is the most commonly abused drug. This year alone, more than 200 people have died in road traffic accidents. I was glad to have assisted Public Against Road Carnage in devising a petition, which collected more than 20,000 signatures in County Donegal, to demand that the provision I propose form part of the Bill. People were appalled that this lacuna exists.

My amendment also provides that a person can be tested for drugs because a major problem exists in that regard. Yesterday, the Irish Independent reported that young people use cannabis as a drug of choice. Cannabis has a detrimental effect on young people and drivers and these drugs are commonly abused in secondary schools.

The drug problem is a result of the withdrawal of gardaí from rural areas. Young people aged between 20 and 25 who regularly drive while under the influence of drugs are a serious danger on our roads but they have little chance of being caught because of the lack of random drug testing. If a garda does not smell alcohol or discover drugs, he or she has no reason to arrest a person.

Ecstasy tablets, which cost €5, are widely used. They are reputed to give a high equivalent to the consumption of five to eight pints of beer. I have never taken ecstasy but young people on provisional licences who pay high insurance premia are happier to take this drug than to drink alcohol. With no alcohol in their blood, they have nothing to fear from breathalysers. Mandatory random drug testing, as well as additional gardaí, would help in increasing detection rates. Large areas of the country have been left without gardaí. If people think they can get away with drink driving, they will attempt to do so.

Over the past ten years, alcohol consumption has increased by 41%. The Police Ombudsman for Northern Ireland, Ms Nuala O'Loan, has stated that the use of breathalysers in situations where injuries occur is consistent with human rights law. It is important, however, that gardaí are trained in the use of breathalysers.

See this speech in context