Dáil debates

Thursday, 25 February 2010

Road Traffic Bill 2009: Second Stage (Resumed)

 

2:00 pm

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)

I welcome the opportunity to speak on this important Bill. We must be conscious that we are dealing with the serious problem of drink-driving but there are a series of problems related to road traffic. Before the Minister leaves the Chamber, I ask him to address, in co-operation with the local authorities and the NRA, the situation on the N17 in County Galway, where there was a horrific accident involving the deaths of three young girls. It will not cost a lot of money but if it saves lives it is worth it. There is an opportunity to save lives at a low cost. I plead with the Minister to address the area between Milltown and Ballindine on the N17. We know about the loss of lives and these were in no way associated with drink or speed. The families and those left behind must be considered.

This debate is honing in on drink and I welcome the provisions concerning the reduction in the alcohol content in blood permitted. If we are serious about this we must accept it. Other issues arise as a consequence of these and they can be fixed but lives cannot be fixed. We must think about speed and the new issue of drugs.

If this legislation is to be implemented in full there is a need for resources. In replying to this debate on Second Stage I ask the Minister to indicate if there is a commitment by Government to provide resources to implement these provisions in full. I refer to the equipment and speed cameras. It will be costly but it will show that the Government is committed to saving lives. This Bill was published in 2009 and 12 months later we still have not seen the results of it.

I must acknowledge the great work of the RSA. There is no doubt it has made many people aware of the consequences of unsafe driving through its constant advertising and what it presents on television. Tragically, we have seen the clip on television of the results and consequences of a young person who survived an accident in Lettermullen, County Galway. There is a contrast between his awareness prior to the accident and with his current situation. This has an impact on road safety. It is an horrific item of advertising but at the same time it has an impact on young drivers in particular when they see a young person confined to a wheelchair and the contrast with the life that was previously enjoyed.

One aspect not highlighted in this Bill is the advertising of alcohol. Some restrictions have been placed on it. We must call on television channels to take a bold step. While they do contribute in respect of the RSA campaign, they must stand up and be counted, regardless of the financial loss that will occur from a change in the rules. Likewise, it is incredible that sporting organisations across the board remain very dependent on sponsorship by alcohol companies. Although this Bill deals specifically with road traffic offences and driver penalties, we must take the opportunity to introduce some joined up thinking in how we deal with all the issues that contribute to road deaths. There is no doubt that alcohol is a major contributory factor but this Bill affords us an opportunity to address some of the other factors. Everybody is aware that there has been a change in the mind-set of many people in regard to alcohol abuse and alcoholism. The Departments of the Environment, Heritage and Local Government, Health and Children, Transport and Justice, Equality of Law Reform must work together in a joined up and comprehensive way to tackle, once and for all, the issue of alcohol abuse. That is the way to make progress.

I am not sure of the precise figures but I draw the Minister of State's attention to recent reports on the cost of road accidents to the health service. Road accident victims are naturally afforded priority in accident and emergency departments because of the usually serious nature of their injuries. There is also a cost to the Courts Service in processing the resulting criminal prosecutions and to the Garda as a result of court attendances, attendance at the scenes of accidents and the compilation of reports for criminal cases. If a sum equal to all of these costs were invested on an annual basis in the implementation of a comprehensive policy incorporating the input of the various Departments, we would not have the ratings we have relative to other European countries in respect of the health impacts of alcoholism and its social consequences within families and communities, and the areas of justice and road accidents. I hope the Minister will give attention to that. If he cannot do it within this Bill, he should, as a matter of urgency, bring forward related items of legislation so that we can finally have a comprehensive package.

We were given commitments on numerous occasions in the past ten years that speed cameras would be introduced on roads throughout the State. Initiatives in this regard were launched repeatedly by various Ministers who gave numerous speeches on how the system would be implemented. A decade later, however, we are still waiting. There is no doubt that many of the accidents on our roads occur as a result of speeding, particularly in the case of young drivers. In some cases all that remains of the speeding car is wreckage.

It is important that we are absolutely certain that no legal eagles will be able to come into court and point to a loophole in the legislation in order to have a person acquitted who is guilty of serious charges in regard to drink driving or speeding causing the death of others. After all our experience over the years, going back as far as 1975 when the first challenge to a drink driving charge was successful, we should by now be aware of the danger of such loopholes. The 1975 case established a precedent which was repeated for years without any Government of any political persuasion moving to close the loophole, despite the many instances where people escaped punishment. It could be argued that people who are involved in accidents causing death can never get away with it because surely they experience a flashback every time they get behind the wheel. Nevertheless, the Bill must be foolproofed to the hilt or it will be to our shame if a guilty person is acquitted of a charge brought against him or her under the Bill. It is horrific for the families of those who have died to see the perpetrators going unpunished. Something must be done to ensure that can no longer happen.

In regard to alcohol advertising, the Minister should take this opportunity to request RTE and the other television channels in the State to forfeit entirely their income from advertising of alcohol. The notion of it being acceptable after a certain hour when young people are less likely to be watching is irrelevant. I ask the Minister to make this case to the television channels. The Government might consider some type of subsidy in order to compensate the television channels for their losses. There is a need for a genuine consultation with all the sporting organisations, including horse racing, GAA, rugby and so on, which are major beneficiaries of alcohol company sponsorship. There finally must be a genuine effort by the Minister to bring them on board and request that they show their support for a particular sport in some way other than through alcohol advertising. We saw in the case of the GAA that other sponsors are willing to come in when the previous sponsor bows out. Every community has teams that have been victorious in some competition or other, whether in hurling, football, rugby, soccer or another sport. The first place they head to for the post-match celebration and presentation of medals is more likely the pub than the community hall. We must seek to break that connection between alcohol and sport.

Deputy Browne referred to speed limits. There undoubtedly have been improvements in the quality of roads. However, speed merchants are finding an outlet on our motorways where the 120 km/h speed limit is frequently broken. Are we serious about addressing this issue? If all of the legislation in place in this respect was implemented to the letter of the law the number of deaths on our roads could be reduced even further than that achieved by the Road Safety Authority, which must be commended on its efforts and endeavours in this regard. There are other more practical ways this can be done. The absence of speed cameras is an obvious issue. I raised with the Minister before he left the Chamber the position in regard to the capital outlay of €800 million that has been provided for the installation of speed cameras, a figure which may have been adjusted in current circumstances. If the Government is serious about addressing this problem, it should find the capital outlay required to provide speed cameras and the people required to use them.

The greatest new difficulty facing the Garda Síochána is drug driving. There is no doubt many accidents are drug and alcohol related. The Bill provides that a Garda may form the opinion that there may be another substance involved. Surely, this provision will be challenged by the legal profession who may cast doubt in regard to, say, the lifestyle of a Garda and so on, resulting in a case being dismissed. As regards closing time of public houses, when exactly is closing time? When has the provision in this regard ever been implemented? In fairness, the Garda Síochána do not have sufficient numbers or resources to adequately police this provision. We have heard much about the commitment of Government in this regard. However, when we peel off the layers of spin, with what are we left? We are left with a serious situation. Were it not for the Road Safety Authority, there would not have been a reduction in the number of tragic deaths on our roads down through the years. While I welcome that reduction, it must be attributed almost in total to the work of RSA personnel in terms of their advertisements about the horrific nature of accidents and the wrongs done by those who get behind the wheel of a car having consumed alcohol.

The Road Safety Authority report, Working to Save Lives, was mentioned. The tragedy is that the statistics contained therein are out of date. The report provides statistics on the number of people arrested, successfully charged and so on. We must ensure we have up-to-date information on the problems arising as a result of alcohol. Another matter which I have raised previously in this House is the lack of control over the sale in the most unusual of places of packs of shots which are high in alcohol content. These shots are being imported from England and are being sold by people licensed to sell them. They can be also bought on-line. I brought a sample of one into the House and showed it to the Minister with whom I pleaded to take action on the matter but nothing has been done. A petrol station located on the motorway as one leaves Dublin has shots of Red Bull - not the ones I mentioned - available for sale to young and old without question in terms of their entitlement to purchase. The likelihood is that these people will have consumed these shots before they are two miles down the road.

I have asked for joined up thinking on these issues and plead with the Government to ensure this happens. Let us not have the road traffic corps, the RSA and the Garda Síochána doing their thing without calling in the NRA, county councils and relevant Departments to address issues such as speed limits, realignment of bad roads and so on. With this Road Traffic Bill, we must see the bigger picture. If not, we will be back in this House seeking to close off loopholes when other tragedies occur, and many families and communities suffering as a consequence.

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