Noel Dempsey (Meath West, Fianna Fail)

I thank Deputy Dooley and Deputies opposite for their co-operation. I am grateful to all 34 Deputies who contributed to the Second Stage debate. The large number of contributions demonstrates the level of interest in this issue.

I also acknowledge the constructive approach most Deputies have taken to the debate. While the legislation has aroused passions on both sides of the argument, I respect the position adopted by some speakers who believe the Bill is not a priority in the greater scheme of things and I should have focused my attention elsewhere. However, when one decides to change blood alcohol content limits, one is told that speed is the problem on the roads and when one decides to change speed limits, one is told the condition of the roads or other factors are the problem. The truth is one cannot solve the problem or reduce deaths and injuries on the roads by a single set of measures. This fact was highlighted repeatedly by Deputies on all sides during the debate.

The Bill acts as something of a book end for the 1994 Road Traffic Act and subsequent legislation. In the period since the 1994 Act entered into force, road deaths have declined by more than 40%. Every piece of legislation in between has been, one might say, a separate chapter in the history, has contributed and been instrumental in reducing injuries and deaths. I wish to acknowledge and recognise, as I did earlier during Question Time, that this is one area of business we do in the House for which there is broad cross-party support, co-operation and a very constructive approach. The legislation we have had as a result is top quality. I wish to assure Members of the House on the Opposition benches and my own party backbenchers that I look forward to Committee Stage and to listening again to any suggestions they may have that will improve the Bill.

No matter what Deputies may say there is no doubt that having any level of alcohol in one's blood diminishes one's ability to drive. The more one drinks the less able one is to drive. That is why over a period we have reduced the level and propose to reduce it further. Some Deputies have asked why we do not go the whole way and have a zero blood alcohol limit but everybody knows the difficulty involved. The drink driving laws are the most litigated pieces of legislation on the books. Trying to get to a zero limit with all the caveats involved, such as medicines and so on, as raised by Deputies, is not practical. However, even though such a measure might not find favour anywhere else in the House I believe we should arrive at a stage where anybody who takes any amount of drink should not drive. I am happy that this is a step in the right direction.

I dealt with the matter of the introduction of the measure during Question Time and shall not return to it in any detail. However, the Medical Bureau of Road Safety is powering ahead with the provision and trying to get the new evidential breath testing, EBT, machines in place. It will have the tendering process complete by the middle of the year and will test the machines over the following six months which will bring us to the end of the year. Over the next six to eight months the MBRS will roll these out to Garda stations. Extra stations, beyond the 64 involved at present, and more gardaí will be trained. Within that kind of timeframe everything will be in place for testing. As Members know, this Bill contains a number of different areas that deal with commencement notices and this is one such. We will commence at that stage.

I reiterate we are conscious of the issue of drugs and driving. I am very conscious that drugs, equally alcohol, can and do affect a person's driving. We are making a move towards introducing impairment tests and the forming of opinion on impairment by gardaí, which is the initial step in that regard. The next piece of road traffic legislation will go much further with regard to drugs and driving. We hope that by the time it is introduced we will have succeeded at EU level in producing kits that will be able to test by the roadside. One way or another, the provisions contained will strengthen the detection of drugs and subsequent action in that regard. We intend to make this even more explicit in future legislation.

Deputy Broughan referred to the mutual recognition of penalty points and questioned the level of progress being made at EU level. There are no specific directives in our proposals to provide for such arrangements between EU countries. It is widely recognised that because of the various technical, legislative and logistic issues associated with that kind of arrangement it would be hugely complex. However, we will support the development of co-operative arrangements with relevant authorities across Europe and will try to advance same between the Republic and Northern Ireland. The experience gained from the operation of the mutual recognition of driving disqualifications, which we introduced on 28 January, will be of benefit to us as we move this issue forward.

The evasion of penalty points through a lack of robust procedures was highlighted during the debate. Again, this is being tackled in the legislation. The new provision under Part 5 of the Bill will assist further with administrative procedures in the courts and the application of penalty points to the appropriate driver licence. Section 51 establishes a requirement to produce both a driver licence and a copy of the licence to the District Court clerk.

Deputy O'Dowd raised a question concerning section 6 and the endorsement of three penalty points on payment of a fixed penalty notice for a first-time drinking offence within specific blood alcohol concentration levels. That option is available only once in a five-year period so for any further offence, irrespective of the detected BAC level, there will be a disqualification. We have adopted what is almost a yellow card approach for a first offence but subsequently the full rigours of the law will follow. I believe that is a reasonable approach at this stage.

Regarding graduated driving licences, the Road Safety Authority has had a consultation period and recently submitted recommendations in that regard. I shall consider those as soon as this Bill passes through the House.

I am agnostic in many respects regarding speed limits and which ones should be put in place. I do not have any fixed view on the matter-----

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