Bobby Aylward (Carlow-Kilkenny, Fianna Fail)

I propose to share time with Deputy Mattie McGrath.

I roundly condemn drink driving by anyone, anywhere, at any time. Drink driving is a deadly, vile and selfish act. It is irresponsible, it is reckless, and it can never be justified. It is an ugly feature of Irish social life that we must eliminate. We must re-educate people about their behaviour and attitudes to drinking and driving. We must influence positive and safe driving habits and ensure we promote and evolve a mature mentality and a culture that rejects drink driving. We must be pragmatic in our approach to the penalties regime and how the law reacts to punish those who breach it.

In any circumstances, a car is a lethal weapon and when the person in control of that vehicle has had their reflexes or their judgment impaired in any way, that weapon becomes even more treacherous. They say the nut behind the wheel is the most dangerous part of any car and, sadly, that is a fact. We all know the graphic and horrifying statistics of the bloody carnage on our roads every day and night of the week. Drink driving and inappropriate speed on the roads have visited too much devastation and grief on too many people, on too many families, and on too many communities throughout the country. Fatalities and injuries on the roads, while decreasing slightly thanks to the stiff and unforgiving approach we have adopted, must be reduced drastically. Even one death or injury on the road where drink is a factor is one too many.

There are instances where we can control our driving behaviour and where we can prevent accidents from happening and, therefore, we should reinforce our legal framework to make sure we all know that drink driving is simply unacceptable and that it is punishable. For the past number of months, since this Bill was first published, I have been pretty vocal about certain aspects of this Road Traffic Bill and its implications. I have not been alone in voicing my concern about the impact this Bill will have on particular sections of our community. That is not to say I condone some degree of drink driving but rather that we must be realistic and reasonable in defining the offence and in providing for a proportionate penalty for that offence and subsequent offences.

While I categorically and absolutely decry drink driving, this Bill is far too harsh on more experienced drivers and older drivers. This legislation will inflict a severe and detrimental blow on all those men and women who live in rural Ireland, up the highways and byways nobody frequents and where there are no social amenities. For many of those people, many of whom live alone in very remote and isolated areas, the only social outlet they have is a visit or two to the local pub during the week. Are we to deprive these country people of the only simple social pleasure they may have? Are we to consign them to a lonely and miserable existence with no opportunity for them to enjoy a convivial drink or two in the locality with their neighbours and friends? These people go to the local pub because they enjoy the interaction with their community, they hear the news, exchange the gossip and yarns and put the world to right over a half one or a couple of bottles. They go to the pub for company and conversation and not to drink themselves into a stupor. That social outing is critical to these rural dwellers, many of whom may have only one driver in the house. The remainder of the family is dependent on that driver for everything. The pub is the only point of congregation for many of them during the week. They look forward to getting out of the house and to keeping in touch with what is going on locally and nationally. That occasion sustains them and, for the more senior people, it staves off loneliness and it promotes constant and regular integration with the local community and its events.

It is no shame to say the local public house continues to be the focal point for most people in the countryside. However, with the proposals contained in this Bill, I fear the rich and lively rural pub culture will be killed off once and for all. I am afraid that will have serious and profound reverberations for rural Ireland and its population. We cannot tolerate institutionalised loneliness, which can lead to all sorts of associated problems such as depression and even suicide in some cases. These are very real and very serious issues in rural Ireland and I do not want this Bill to contribute to the isolation and alienation many country people feel already. If we pass this Bill in its present guise, we will succeed in enforcing isolation and detachment among people in rural communities. People will be afraid to travel anywhere for one drink and will not be able to find transport home. Isolation and depression are common and are interlinked. They are not unique to country people but are more prevalent in rural areas. By discouraging people from mixing and socialising and eventually turning them into hermits, some of the measures contained in this Bill will actively serve to alienate people from their neighbourhoods and will further compound the problems of loneliness and desolation often experienced by country dwellers. We should not introduce legislation that victimises people who are not necessarily the prime targets of the proposed law.

Many of the people to whom I refer probably drive to the town only once or twice a week and perhaps a couple of times a week to the local pub. Many of them live alone and the only social stimulation available is a visit to the pub. Some of them would be of the view that it is just not worth the journey to have one drink and then go home. There are others who will enjoy a few drinks at night time. They behave responsibly and will get a lift or a taxi home only to be caught the next morning on their way to work. In these circumstances, we must show some leniency in terms of the applicable sanction when it relates to a second or subsequent offence. To be put off the road for any length of time following a second offence is very severe. I imagine anyone who loses the driving licence would be confined to terrible hardship and marginalisation.

It is incumbent on us to legislate for the greater common good and I realise it is not possible to legislate separately and differently to cater for the social needs and demands of one cohort but we must recognise the circumstances and the situation peculiar to country people. Anyone living in rural Ireland, by definition, needs vehicular transport to go about their business on a daily basis. They must be mobile to go to work, to go shopping, to go to religious ceremonies, to go to matches or to go to the mart. The licence and the car are indispensable to their livelihoods and lifestyles. They are fundamental to anyone not living in the town or the city, all of whom have public transport and taxi services passing their doors day and night. The country people are totally reliant on their own devices and the kindness of neighbours and friends to get around the place.

My sincere sense is that this Bill and, particularly the penalties it imposes, are draconian in so far as it will potentially affect all those who live outside the towns and cities. Generally, I accept it is reasonable to lower the blood alcohol content, not least to bring us into line with the rest of Europe and Northern Ireland. Regarding drivers who are not learners, novices or professionals, I am prepared to accept section 26 of this Bill, which deals with an alternative mechanism to a court prosecution for certain categories of offences. The new administrative fixed penalties include a three point penalty and a fine of €200, which is a reasonable response to the drivers whose blood alcohol levels are in the range of 50 to 80 mg. This will apply only to those who are not currently disqualified and who have not availed of this option in the previous five years.

I am genuinely alarmed, however, to note that a second or any subsequent offence will attract a disqualification period of one year if it is prosecuted in court and a conviction is secured. This is excessive, restrictive and unduly punitive. I would far prefer a system of graduated penalty points where on accumulation of a certain number of points over a given period the driver becomes automatically disqualified for a specified period, much the same as with speeding, where 12 points must be accumulated before disqualification. It is unreasonable to jump from three penalty points to a one year disqualification for a second offence given that the blood alcohol level in question is relatively low. As little as one drink could bring a driver into the 50 mg to 80 mg range. That is not a vast amount of alcohol and to think one could incur a 12 month disqualification on a second offence is ridiculous. Furthermore, it relates to established drivers and not to those who are newly qualified, inexperienced or professional. I imagine the latter category is in the minority.

I urge the Minister to rethink this aspect of the Bill. I ask him to carefully consider if it is fair, reasonable, just and rational to impose a one year disqualification on a second-time offender. This Bill represents an over-reaction to drink driving on the lowest scale and we appear to be moving in the direction of zero tolerance. My attitude is that we must allow the punishment to fit the offence and it must be proportionate. My preference is that drivers caught in the 50 mg to 80 mg range should be given a fair chance. A fair approach is to introduce a graduated system whereby three points are imposed for three successive and similar offences and on accrual of 12 points, or committal of a fourth offence in this category, the driver should be subject to a one year disqualification automatically. Such an amendment would be entirely fitting and would continue to act as a robust deterrent to anyone who is tempted to drive while under very little influence of alcohol. Some of my colleagues have described this Bill as a blunt and unnecessary attack on the fabric and integrity of rural Ireland. To some extent, that is true. I will lend my fulsome support to any instrument that will eliminate the slaughter on our roads and serve to cultivate an attitude of responsibility, maturity and respect for all road users. I agree that the Bill sends out the correct signals in terms of encouraging good driving behaviour, but it goes too far in meting out penalties for established drivers who fall into the 50 mg to 80 mg range.

I ask the Minister to address the reality that nothing is being done about motorists who drive under the influence of drugs. There must be adequate deterrents in the case of drugs and speeding. The current penalty point provisions in this regard are not being adequately enforced.

See this speech in context