Jimmy Deenihan (Kerry North, Fine Gael)

I agree wholeheartedly with the mandatory penalty for dangerous driving contained in this legislation. It is extraordinary that no such penalty exists. I know that it might sound rather punitive, but it would certainly make people far more aware and careful. For example, last summer American friends of mine were driving through the midlands when someone on a tractor emerged from a gap. A serious accident almost occurred, and when asked why he had done it, the tractor driver responded by saying that he had been coming out of the gate in question for 30 years and that everyone knew he came out at 12 p.m. Careless driving manifests itself in different ways, and I certainly agree with this provision.

Deputy Mitchell pointed out the example of two men recently convicted of dangerous driving on the Mullingar bypass. They were doing speeds of over 200 km/h but received a fine of only €2,000 each. They were not disqualified, endorsed or punished with penalty points. In the hierarchy of driving offences, drink driving is the only one carrying automatic disqualification, despite the fact that so many deaths on the roads are caused every year by irresponsible and reckless driving. There is currently no difference in the penalty regime for dangerous driving, careless driving, and driving without due care and attention, although they constitute a sliding scale of road traffic offences. This Bill certainly provides measures to address this that are worthy of consideration.

The proposal to introduce mandatory breath testing for drivers involved in road traffic accidents is extremely practical. On one occasion I was very lucky. Someone very drunk drove into me when I was on my way home from Cork one evening. The person feigned a back injury and was taken away in the ambulance without being breathalysed. My wife and I were lucky to have survived, while the other driver went unpunished. That person should have been breathalysed. Had this provision been in place then, he would have been breathalysed and punished accordingly.

I agree with creating a provision along the same lines as breath testing to cover testing for drugs and other substances. It should be possible to test for cocaine, ecstasy and cannabis. Many accidents caused by boy racers at night involve the use of drugs as much as drink, or a mixture of both. On account of breath testing, youngsters are afraid drink will be detected and they resort to drugs instead. We see people in night clubs across the country who have not been drinking but who are as high as kites because they are taking drugs. The Minister should take this into consideration.

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