Seán Power (Kildare South, Fianna Fail)

On behalf of my colleague, the Minister for Transport, Deputy Noel Dempsey, I wish to thank Deputies for their constructive contributions to an interesting debate on the important subject of road safety and, in particular, roadside breath testing at the scene of collisions.

In recent years, Ireland has changed in many ways and we have certainly seen a welcome change in attitudes to drink driving. A few years ago, the former Minister and Deputy, Michael Smith, had to endure abuse when he sought to change the rules on drink driving. Thankfully, however, that climate has changed and people realise that far too many people are dying unnecessarily on our roads. As a result, they are prepared to accept new and tougher laws. With some small changes we could make a significant impact on the number of people dying on our roads. The Minister's announcement is part of several measures the Government is taking. I acknowledge the contribution of the Opposition to the debate and the proposals it has presented. The Minister for Transport, Deputy Noel Dempsey, and I have listened with care to the views expressed by those who spoke in the House and I take this opportunity to respond briefly to some of those views.

Several Deputies welcomed the Government's commitment to the effect that the Department of Transport proposes to engage with the Office of the Attorney General to establish how the current legislation can be amended to achieve roadside testing of drivers involved in serious collisions subject to overriding medical circumstances. This does not represent a U-turn. The Minister merely seeks to strengthen legislation which has been in place since 2003. The Road Traffic Act 2003 provides 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. Although Garda discretion exists, the Department of Transport is aware that the Garda authorities have issued directions to the effect that it is expected that all drivers involved in serious road traffic collisions are breath tested subject to overriding medical circumstances. Members have mentioned particular medical circumstances and it is important to clarify this point and that there is no uncertainty about those circumstances.

In recent years, there have been calls for the introduction of mandatory roadside testing where a collision has taken place. In light of this, the Minister proposes that his officials engage with the Office of the Attorney General to establish how the current legislation can be amended to achieve roadside testing of drivers involved in serious collisions subject to overriding medical circumstances. Deputies O'Dowd and Ó Snodaigh have referred to the position in Northern Ireland. The legal position here is the same as that in Northern Ireland and the UK. There is a perception among many Deputies that the Garda need to form an opinion that an intoxicant has been consumed in advance of administering a roadside breath test at the scene of a collision. This is not the case and has not been since 2003.

There are four situations in which the Garda can administer a roadside breath test, where the member of the Garda forms an opinion that an intoxicant has been consumed, where a road traffic collision has taken place, where a road traffic offence has been committed and where a mandatory alcohol testing, MAT, checkpoint has been set up. There is therefore no requirement to form an opinion that an intoxicant has been consumed where a collision has taken place.

Several Deputies referred to the issue of drug driving. It is illegal to drive while under the influence of drugs to such an extent as to be incapable of having proper control of a vehicle. The Road Traffic Acts provide that a member of the Garda Síochána may, where he or she is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of that vehicle, require that person to go to a Garda station and further require that person to submit a blood test or to provide a urine sample. The Medical Bureau of Road Safety analyses blood and urine specimens received under the Road Traffic Acts for the presence of a drug or drugs.

As the Minister for Transport stated last night, the Department of Transport will keep under review the development of technology internationally for roadside testing for drugs. There is no reliable equipment available at present for that purpose. When suitable technology becomes available, any measures applied to the roadside testing of drivers for alcohol will also be applied for drugs.

Deputies McHugh, Deenihan and Ó Snodaigh referred to the importance of road safety education for young people. Members of the Seanad made this point when I was there earlier this evening. The Road Safety Authority has been mandated with responsibility for road safety education and advertising and has developed a range of initiatives in this regard. It recently revealed that men aged between 17 and 25 are seven times more likely to die on our roads than anyone else. For every kilometre driven, a 17 year old male is eight times more likely than a middle-aged man to be involved in a crash.

There is a consensus that young people can underestimate danger while driving and overestimate their driving ability and skill. Novice drivers do not have the same level of automated driving skills, which take time to develop, as more experienced drivers. The lifestyle, values, peer group pressure and personality of young drivers are recognised to enter into the car with them to a much greater extent than with older drivers. This factor increases driving risk among young people. Young people are accordingly the target of much road safety effort in Ireland and other countries. That effort is directed at encouraging young people to consider their attitudes and behaviour and the consequences of their actions as road users, especially as drivers.

The recent all-Ireland anti-speeding campaign entitled Mess is a typical example of this targeted road safety educational effort. It is a hard-hitting graphic message that targets speeding and young people, with all the implications for a driver who speeds and the consequences of such behaviour. The advertisement vividly outlines the consequences of speeding by young drivers and asks young drivers to consider the damaging repercussions to other people's lives that are a direct result of the inappropriate speed at which many young drivers choose to drive. The new road safety strategy which the Minister intends to launch shortly includes a range of new initiatives aimed at educating young drivers.

Deputy Deenihan referred to the need for more joined-up thinking on road safety policy. That is why the Road Safety Authority was established. The Road Safety Authority is a single agency with responsibility for a wide range of functions which have a bearing on road safety and is in a unique position to co-ordinate and advance the road safety agenda through delivery of road safety programmes, such as testing of drivers and vehicles, driver education and the promotion of awareness of road safety in general.

Deputy Mitchell referred to investigation of, and lack of information on, road collisions. The primary immediate investigative role in respect of road collisions is vested in the Garda Síochána. Priority in such an investigation must be given to the determination of the causes of road collisions and in particular whether a breach of the road traffic laws contributed to the occurrence. The Garda Síochána is the body empowered to make such a determination and to launch criminal proceedings against any person whom the Garda considers should be accused of the commission of an offence. Garda reports on these investigations are forwarded to the National Roads Authority and subsequently to each local authority for the purpose of establishing road collision trends and causes generally, and to facilitate the carrying out of remedial works relating to road infrastructure where such action is deemed to be necessary.

The Road Safety Authority now has responsibility for road safety research and statistical collection. This will result in a more integrated approach to road safety policy generally, with one agency responsible for road safety research, statistical data, advertising, education and recommendations regarding road safety policy.

Deputy Deenihan raised the issue of safety cameras. The Minister outlined the position with regard to safety cameras last night. The Department of Justice, Equality and Law Reform is responsible for the tendering process for the engagement of private sector interests in the operation of speed cameras. The request for tender to deploy and privatise the operation of safety cameras was issued and six companies were short-listed as part of that process. These are being examined with a view to selecting the contractor by the end of this month. National roll-out of the safety cameras will commence early next year.

Deputies Broughan and O'Dowd referred to the fact that the new road safety strategy, which covers the period 2007 to 2012, has not yet been published. The Road Safety Authority was responsible for developing the new road safety strategy for the period 2007 to 2012. It went out to public consultation in October last year and received many suggestions and proposals. It also engaged in direct consultation with key stakeholders in December 2006.

The Minister understands that the authority received in excess of 500 submissions from these processes, which had to be considered prior to the finalisation of the new strategy. Due to the volume of submissions, this consideration took some time to complete and unfortunately coincided with a complete review of the rules of the road, which was published in March this year.

Several Deputies referred to the need to improve road signage. The legislative framework for the provision of traffic signs is set out in section 95 of the Road Traffic Act 1961, as amended. The Road Traffic (Signs) Regulations 1997-2005 prescribe traffic signs, which include upright signs, road markings, traffic lights and other devices that may be provided on roads by road authorities, to indicate the existence of a road regulation, to implement such a regulation or to indicate the existence of a provision in an enactment relating to road traffic. The provision of all traffic signs on non-national roads, which include regulatory signs and road markings, warning and information signs, is the responsibility of individual road authorities and, in the case of national roads and motorways, the National Roads Authority. The traffic signs manual sets out comprehensive directions given to road authorities by the Minister for Transport, pursuant to section 95(16) of the Road Traffic Act 1961, regarding the provision and use of traffic signs. A copy of the manual is available in the Oireachtas Library. The Department of Transport is currently pursuing a detailed review of the present traffic signs manual in association with the National Roads Authority to identify any additions or revisions necessary. It is intended that the use of the revised manual by road authorities will ensure a high quality of signage in the State, through uniformity of practice and the creation of a consistent approach to signing generally.

I take this opportunity to extend my sympathy to the family of Kate Moyles and to those who were injured following the events of 27 March this year. We are all familiar with families who have lost loved ones as a result of traffic accidents and who must suffer the devastation that follows. I attended the funeral of the late Kate Moyles and saw at first hand the devastation caused, not just to her family but to her many friends and the wider community. It is always that much more sad when a young person dies. She was so bubbly and full of life and had such a future ahead of her. She really died unnecessarily in what were freak weather conditions. Many colleagues in this House referred to it and it came home to us all this week following the inquest, when we saw her sister, mother and father clinging on to a picture of their departed friend. I am sure life will never be the same again for them.

We are very honoured to represent people in here and it is important that we say to the Moyles family and to others who have lost loved ones that their deaths will not be in vain and that we will pursue every avenue we can to try to make roads in Ireland that much safer. It is too late for these families but it is important that we look ahead and plan properly.

Driver behaviour, especially inappropriate speeds in foggy conditions, has been suggested as one of the main contributors to the events in which Kate Moyles lost her life. Drivers must take responsibility for their behaviour on our roads. Notwithstanding any maximum speed limit that may be in force on any particular public road, the Road Traffic (Traffic and Parking) Regulations 1997 provide a general obligation on drivers to ensure that a vehicle is not driven at a speed exceeding that which will enable a driver to bring it to a halt within the distance which the driver can see to be clear. This includes the requirement that drivers should maintain a safe distance from the vehicle in front of them, so that they can pull up safely if the vehicle in front slows down or stops suddenly.

Some people may be in a better position to judge what happened on 27 March, but I think the fog was so bad that even if there were signs on the bridges that morning, it would have been almost impossible to see them. I am sure that lessons will be learned and let us hope we can put new measures in place to prevent another terrible tragedy. Meanwhile, the NRA is actively considering the deployment of ITS technology, including variable message signage, on the national roads network with a view to rolling it out on a phased basis.

Deputy O'Dowd referred to the problems associated with endorsing penalty points to the driving licence record of one in every four drivers. The latest statistics to the end of September this year show that 469,117 drivers have received penalty points to end September 2007, with 86 drivers currently on 12 points resulting in six months disqualification. A total of 120,372 drivers come within the category of "No Driver Number". This category of drivers was originally intended for non-national drivers, as penalty points do not carry to jurisdictions outside the State, but it also applies to persons who at the time of incurring the points did not have a valid licence. However, whenever they renew or obtain a licence, the points are then assigned to their licence record. It also applies to persons where the national vehicle and driver file cannot ascertain the driver number of the offender.

The Minister for Transport is conscious that enforcing penalties for road traffic offences on foreign registered drivers raises many legal, organisational and procedural issues, which make it very difficult for any one State to enforce such penalties. For that reason, the Department of Transport is pursuing this question at the European, British-Irish and North-South levels where mutual recognition and cross border enforcement possibilities are under consideration.

Once again, on behalf of the Minister, I thank Deputies for their constructive contributions to this important debate. There has always been a tendency, regardless of who has been in power, for the Government to pretend that it knows it all and to be reluctant to take on board suggestions that come from the Opposition. I would like to think we will see a major change in that respect and that we will deal with proposals that come forward in a more mature fashion in the future.

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