Noel Dempsey (Meath West, Fianna Fail)

This amendment introduces a new section that would give effect to certain provisions in section 65 prior to its commencement. Section 65 repeals section 26 and section 49(1)(i) of the Act of 1994 and the Road Traffic Act 1995 and section 6 of the Act of 2006. It restates the provisions of section 26 related to consequential disqualification orders, to reflect the intoxicating driving provisions of this Bill and to provide for the range of penalties associated with reduced blood alcohol concentration levels and associated levels in breath and urine.

The section also provides for the substitution of the schedule of the Principle Act which sets out the offences under the Road Traffic Acts 1961 to 2009 involving consequential disqualification orders. However, section 65 cannot be commenced until the appropriate evidential breath test instruments are in place to allow for the implementation of the lower drink driving limits being introduced by this Bill. Accordingly, this new section is being introduced to allow for the commencement of provisions relating to consequential disqualification orders associated with careless and dangerous driving. It is vital that these disqualification orders can be applied with immediate effect upon the enactment of the Bill, given the nature of the offences involved.

The proposed section 66(2) will subsequently repeal section 66 on the commencement of section 65(1). There was much discussion in the Dáil regarding the early commencement of various sections of the Bill. Opposition Deputies urged me to proceed with commencement orders within the shortest possible timeframe. Deputy Broughan was especially strong in his views. This provision will assist me in this work by allowing the gradual commencement of certain elements rather than waiting until all aspects of section 65 are ready to be commenced.

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