Timmy Dooley (Clare, Fianna Fail)

I congratulate Deputy Varadkar on his appointment as Minister and I wish him well in his endeavours. He has an important Department under his control and matters such as that we are dealing with are of critical importance. I look forward to co-operating with him in his efforts.

I welcome this critical legislation, which was introduced by Fianna Fáil in government earlier this year and which has passed all Stages in the Seanad. I hope, like the Minister, that it receives the cross-party support it deserves. We have dealt with many issues that have emerged in changing driver behaviour as part of a shared goal. Changing attitudes to the consumption of alcohol and driving vehicles is the most important issue. It has been a hard fought battle convincing certain sectors of society and industry groupings to take on this issue with a focus on saving lives. It has worked well with the co-operation of all parties in the House and I hope that continues.

The legislation must proceed as quickly as possible to ensure no driver can avoid being tested for alcohol intoxication where a serious road accident has occurred. It will also ensure gains made in changing driver behaviour following the passage of the Road Traffic Act last year will not be lost between now and its implementation in September. The Minister referred to his desire to deal with sections 9 and 14 of that legislation through the passage of another road traffic Bill later this year, which is probably the correct approach.

The provisions in this legislation send a strong message that drink driving will not be tolerated under any circumstances and we have succeeded collectively in improving driver behaviour, particularly among younger drivers. Statistics show cohorts of people still fail to recognise the seriousness of drink driving but a sustained push to emphasise that such behaviour is no longer acceptable within and outside the House will filter down through society. The approach of the Garda is helpful in that regard.

The Bill has come at a critical time following the release of figures last week by the Road Safety Authority, RSA, and the Garda highlighting a worrying trend so far this year. The Minister referred to the latest road collision statistics, which show that there have been 15 more road deaths to date in 2011 compared with the same period last year. This is an increase of almost one third in the first 12 weeks of this year. The increased number of deaths among pedestrians and motorcyclists is of particular concern with 49 people overall killed on the roads this year. It is an extremely worrying trend and perhaps a sense of complacency has set in.

We must also be careful, however, that we do not try to read too much into such a small statistical base. There are peaks and troughs in the figures for various reasons over the course of a year and I hope they will level out as the year progresses. The fact that we have experienced a peak should give us the impetus to ensure we continue to take a strong approach in the House and in the media to highlighting the issue. When road safety is debated in the House or flagged or discussed in the media, it raises awareness in the minds of people, which ultimately save lines.

The chief executive officer of the RSA, Mr. Noel Brett, recently expressed disappointment that there has been such a bad start to the year from a road safety perspective. I compliment and recognise his input over the past number of years working with departmental officials and successive Ministers to put in place a good regime within the authority and I wish him and his staff well in their continued efforts. I acknowledge the great work they have done.

The good work in improving road safety standards and reducing the number of fatalities in the past five years appears to be at risk as a result of this trend. I say "appears" because I am conscious that by their nature statistics, when measured over the more elongated period which is generally a year, may indicate a trend that is hoped will be less concerning, but we will have to debate that at a later stage.

The new Government must not allow any complacency to set in or any bad habits in driver behaviour to return. Based on the Minister's comments earlier, I am sure he is acutely aware of the necessity to ensure that does not happen. This must be an urgent priority for the Minister for Transport, particularly as he settles into his new Department.

The core objective of the Road Safety Strategy 2007-2012, which Fianna Fáil brought in while in Government, is to reduce road deaths to no greater than 60 fatalities per million, which is an equivalent of 252 deaths per annum. It is difficult to say that we are prepared to accept 252 deaths per annum on Irish roads but if the statistics across Europe are taken into account, it is a target that has been surpassed. Last year we went beyond that target with the lowest number of road deaths on Irish roads at 241. That was a decrease of more than 41% from the period 1999 to 2000. Any death on the road is unacceptable and we must strive towards ensuring that we have the greatest safety standards in place to eliminate, in so far as possible, all unnecessary deaths on the road.

The number of road deaths per 1 million of the population was halved from 107 in 2001 to 54 in 2009. That downward trend continued in 2010. The new Government must now ensure that the figure of 252 is not exceeded between now and the end of the strategy in 2012. I hope the new Government maintains the same level of commitment to road safety and to the road safety strategy as the outgoing Government did from 2007 to 2010. I recognise the co-operative approach the previous Opposition and now Government had in regard to working with previous Ministers in this regard.

While significant gains have been made, the Government must avoid the pitfall of complacency at a political and a road user level because we have seen that where complacency sets in or where there is not a continued focus or emphasis, whether it be through legislation or through debate in the media, people tend to go back to their old habits. It is clear there is a volume of work to be done in that regard.

The first of the mandatory alcohol testing provisions were introduced by the Fianna Fáil Government in 2006 and the current position regarding mandatory testing is that it is only carried out at a Garda checkpoint as per the Road Traffic Act 2006 or where gardaí believe a driver is intoxicated. Testing for alcohol at the scene of a collision is currently only done on a discretionary basis. The legislation before the House today is necessary to ensure that mandatory testing for all drivers involved in a collision is put on a statutory footing.

The number of people killed on the roads since the introduction of the Garda checkpoints has declined and the success of mandatory provisions can be attributed in part to a robust system of detention and scientific analysis. This is essential to maintain the public perception that there is a real risk of being detected and prosecuted, and it is an integral part of the effectiveness of the deterrent.

During 2009, more than half a million breath tests were carried out under mandatory alcohol testing. The Road Traffic Bill 2011 amends the existing legislation, the Road Traffic Act 1994, to allow for the introduction of mandatory alcohol testing for drivers involved in collisions in advance of the coming into force of sections 9 and 14 of the Act of September 2010.

The Road Traffic Act 2010, which was passed into law in July last year, introduced mandatory alcohol testing in specific circumstances as well as a lowering of the permissible blood alcohol content, BAC, of 50 mg per 100 ml and 20 mg per 100 ml for novice drivers. I mentioned at the outset the difficulties that arose from various interest groups in ensuring that this was adhered to. In that regard I compliment both the then Opposition also, whose members had to deal with some people within their own ranks who had a different viewpoint. The then Minister had to do the same in respect of some of the backbenchers in our party. Ultimately, the right decisions were taken and a level of recognition is necessary of those on both sides of the House for their doggedness in working towards a zero tolerance approach to the blood alcohol content level.

Section 9 of the Act of 2010 is one of the intoxicated driving related sections in Part 2. It provides that where a driver, who in the opinion of a member of the Garda Síochána has consumed an intoxicant, he or she will be required to give a preliminary breath specimen. The section also provides for mandatory testing where a driver has been involved in a road traffic collision, where injury has been caused.

That is linked with section 9 of the 2010 Act. Section 14 of that Act provides for the mandatory testing of a driver of a vehicle involved in a road traffic collision where he or she is injured and is removed to hospital. The section provides that a member of the Garda Síochána must test that driver in the hospital unless, following consultation with a doctor treating the driver, such testing would be prejudicial to the health of the driver. The knowledge that such drivers will be tested in these circumstances, in my view and in the view of most right-minded people, will have a positive impact on improving driver behaviour. This is ultimately about driver behaviour in all respects.

There is a close inter-relationship between these two sections and the provisions in the Act for lower BAC levels. Unfortunately, these sections of the Act were unable to come into force as the evidential breath testing equipment could not be recalibrated to the lower BAC level of 20 mg per 100 ml before September 2011. The Minister has indicated his desire to deal with that.

In the interim period, the Road Traffic Bill 2011 amends current legislation, the 1994 Act, to provide for mandatory alcohol testing at the scene of collisions, albeit at the current BAC levels of 80 mg per 100 ml. The new lower levels will be tested from September 2011 once that recalibrated equipment is in place. The Medical Bureau of Road Safety is well advanced in procuring the new equipment. The Minister might update the House in his concluding remarks on progress in that regard and ensure there is not any deviation from the original timing set out. It is essential that this equipment is entirely robust due to the highly litigious nature of road traffic law in Ireland, particularly in the area of drink driving. The most important aspect is that we get this legislation right.

Like many others who have an interest in road safety, it is disconcerting that people continue to challenge the law, particularly with the support of their legal representatives, despite the fact that the basic premise is clear, namely, if someone has drunk above a certain limit they must suffer the consequences of the law. We are concerned here with changing driver behaviour. We also must change people's attitude to the deterrents. There is a criminal conviction if one is found driving having consumed too much alcohol but people continue to believe that is not a criminal act. That is the reason they put such a huge effort into trying to get out of such a conviction. We must work on emphasising the criminal nature of the act. When somebody drives a car having consumed copious amounts of alcohol they are no different to somebody who plays with a gun in the company of young children. Sadly, people do not understand that it is a criminal act and for that reason they fight vigorously against the implications in court.

This Bill is the seventh major legislative initiative taken on traffic law in the past decade by the Fianna Fáil led Government. That is a record we are hugely proud of and it has made a real difference to saving lives. I have no doubt that the Minister will continue his efforts in that regard. I would like to pay tribute to former Ministers including the late Séamus Brennan, who was at the forefront of legislation in this regard; Martin Cullen more recently; and the previous Minister, Noel Dempsey. They all had a strong record, with the support of the Opposition at the time, in dealing with the problem.

Our roads, without question, have become increasingly safe for all users in the past decade. That is a significant achievement in terms of our legacy in Government, despite some other elements which we will have to debate in other fora in terms of what we did or did not do in respect of other matters. Our approach to road safety and the development of the road network, road infrastructure and public transport generally was excellent and as the Minister reads his way into his new role in his Department he will see a strong legacy of investment that was based on a vision for the development of the backbone infrastructure of this country.

I have no doubt the Minister will continue to develop that with his own vision and strategy, and I wish him success in securing funding for it in a far different environment. However, there is a good backbone on which to build.

Unquestionably, our roads have become increasingly safe for all users in the past decade and this has been recognised by others. In the past ten years we have seen the introduction of the penalty points system, the introduction of mandatory alcohol testing checkpoints in 2006, the reduction of the blood alcohol concentration, BAC, levels for drivers from 100 mg to 80 mg in 2006, the establishment of the Road Safety Authority, the introduction of the mutual recognition of driving disqualifications between this country and the United Kingdom which was an issue for some time, the completion of the inter-urban road network and the roll out of a network of privately operated safety cameras.

With regard to the latter, there has been a worrying development in the past week or two. A second speed camera-carrying vehicle has been subject to criminal damage which put at risk the lives of two individuals. That is deeply disturbing. It demonstrates the efforts people are prepared to make to avoid detection. While I accept this involves a contract that was awarded to a third party, I ask the Minister to examine this from a health and safety perspective to ensure the drivers or operators of these vehicles are protected. I understand from media reports that the operator of the vehicle involved in the latest incident had a narrow escape when the vehicle was set on fire. It is important that the State ensures the safety of those who operate these vehicles on behalf of the State. As it involves a third party it might be somewhat complicated but perhaps the Minister will examine the matter.

As a result of the Road Traffic Act 2010, this year will see the introduction of lower blood alcohol concentration levels of 50 mg for drivers and 20 mg for novice drivers and preliminary impairment testing by the Garda Síochána for drug driving enforcement, the first major step to tackle and identify drivers driving under the influence of drugs. These are just some of the recent measures introduced by the previous Government.

In recent years, Ireland could proudly say it had one of the best records in the EU for reducing the number of road deaths. Last year, the former Minister for Transport, former Deputy Noel Dempsey, accepted the 2010 Road Safety PIN Award in recognition of the Government's sustained successful strategy in reducing road deaths. The award was made by the European Transport Safety Council and marks outstanding road safety performance among the 27 EU member states. The key determinant of road safety performance is the behaviour of road users and the primary focus of any strategy is positively to influence that behaviour. We tried to achieve this change by implementing initiatives across a range of areas.

One of the most important changes in driver behaviour has been the creation of a zero tolerance attitude towards drink driving. Fianna Fáil showed continued commitment to lowering the maximum legal blood alcohol concentration limit and this has played a critical role in bringing about a zero tolerance attitude towards drink driving. We lowered the limit in 2006 and it will be lowered again this year under the 2010 Act from the current limit of 80 mg to 50 mg for qualified drivers and from 80 mg to 20 mg for novice and professional drivers. Even one drink could result in a driver being over the limit.

The publicity and media comment about the implications of that legislation has created doubt in the minds of many people who have believed for some time that they could drink two pints or two glasses of wine and drive successfully and, more importantly from their perspective, without being over the limit. The fact that doubt has been cast on that has been a great deterrent and is a great push towards a zero tolerance approach. It has played a significant role in ensuring that the level of deaths on the roads has been reduced to the extent it has over the last 12 months.

The Bill also introduces administrative fixed penalties for certain drink driving offences which came into place from January 2011. This is another key step in changing driver behaviour. While the strategy to tackle drink driving is working, much more must still be done. Evidence of this is the number of people that continue to be caught; for example, 323 drivers were detected drink driving during the St. Patrick's Day holiday period last year.

On the other hand, however, 849 people were arrested for speeding during that same period last year. Speeding continues to pose an even greater risk of road deaths and serious injuries in Ireland. In November last year, the safety camera contract was signed, with a network of safety cameras coming into operation in early November 2010. The cameras are deployed in areas that have been identified as black spots. Donegal, Cork and Meath have the highest number of locations. All of us, myself included, have form with regard to speeding. We must make a greater effort in planning our journeys and changing our behaviour. Many have accepted the attitude to drink driving but we have some way to go with regard to speeding. I have to do that as much as others. Perhaps there should be a greater focus on that issue.

Another issue that is often overlooked is sleep deprivation, where people continue to drive when tired. In that context I ask the Minister to discuss this with the National Roads Authority, NRA. There is now a fantastic network of motorways but some of the lay-bys that are in place remain fenced and inaccessible for drivers. There must be a greater effort to put road stops in place. They need not be as elaborate as those on the M1 that fall within the greater curtilage, as it were, of the Dublin commuter belt. There was an initiative in the NRA to try to do this through public private partnership but with money no longer available it was not possible. Far less sophisticated road stops could be put in place at much reduced cost. What is involved is a basic rest area with access to coffee, whether that be from a vending machine or otherwise. I do not believe it requires the multi-facility type of rest areas which we are familiar with, where there are larger volumes of traffic that make their provision economically possible. We must become far more focused on dealing with impaired driving as a result of sleep deprivation. Perhaps the Minister will examine this matter in association with the NRA in due course.

Reducing excessive and inappropriate speed on our roads is a key road safety issue for all road users, and the safety cameras should have a major impact both in deterrence and enforcement. The announcement was a major milestone in our efforts to reduce the number of fatalities on our roads as a result of speeding. The scheme, which was rolled out by An Garda Síochána in partnership with the GoSafe consortium, provides 6,000 hours of monitoring and 1,475 hours of surveying per month. Perhaps in a review of that contract it will be possible to deal with the safety issue that has emerged with regard to how people appear to deal with the operators of those vehicles.

The modernisation of driver training and licensing is another key foundation stone of the current road safety strategy and is one on which progress has also been made. Following a consultation process, the RSA presented proposals for a graduated driver licensing system, GDLS, for Ireland to the former Minister for Transport, former Deputy Noel Dempsey, who considered and approved them. The RSA published its proposals on 1 September 2010. The Road Safety Authority announced nine additional measures to protect learner and inexperienced drivers. These new measures will enhance the way in which drivers are trained, tested and licensed in Ireland. The first phase of the modernisation project has already been completed.

Some of the new measures include a requirement on first-time learner permit holders to undertake mandatory basic training of 12 hours with an approved driving instructor and to produce a log book signed by their instructor. This will come into effect from April this year. There are also a number of good programmes in secondary schools throughout the country. I am aware of a number of companies which provide that service in association with private finance. It is provided as part of transition year. I am aware that the Department of Education and Skills considered this previously but there was resistance to involving driver training in the curriculum. Perhaps this is something the Minister could reconsider. If the system that is currently available to schools through these private operators is successful, I ask the Minister to consider it for his future programme now that he has taken over this brief. Perhaps he will include it in that programme as something to be considered. Unfortunately, by the time many young people commence their formal driving instruction they have already developed habits, ideas or views that may be contrary to good driver behaviour. By ensuring the appropriate level of information is available to young people at the earliest possible opportunity, the State will reap dividends at a later stage. Penalty points for specified offences will also be increased for learner and novice drivers, posing a greater threat of disqualification. I urge the Minister for Transport to proceed with the next phase in the GDLS modernisation project.

It is not just driving under the influence of drink that continues to be a cause for concern; it is also illegal to drive while under the influence of drugs. Drug driving poses a serious threat to road safety, not least because it is so hard to detect. Unfortunately, there has been no feasible solution found in Ireland or Europe for the introduction of a preliminary roadside test for drugs as testing devices are still at the prototype stage. However, I understand advances have been made in Australia, and the Minister might look into the system into that jurisdiction. When a garda suspects that a motorist is driving under the influence of an intoxicant, whether it be drink or drugs, he or she may arrest the driver. However, unlike alcohol, there is no legal limit for drugs.

The current road safety strategy provides for a review of the legislation and appropriate enforcement options. It also provides for the development of testing of impaired drivers based on the incidence of drink or drug driving or both. The Road Traffic Act 2010 provides for such preliminary impairment testing, including additional powers for gardaí to ask drivers to perform a series of simple roadside tests to assist gardaí in forming an opinion as to whether a driver is under the influence of an intoxicant. According to Professor Denis Cusack, director of the Medical Bureau of Road Safety, gardaí are to receive new powers and training in the detection of drug driving. I understand direction in field impairment training for officers began in January.

While the Road Traffic Act 2010 is the first item of legislation to deal with the threat of drug driving to road safety, much remains to be done in this area. I urge the new Minister for Transport to prioritise this issue. I appreciate it is in its infancy in terms of the equipment available to the Garda, but a person of the Minister's zeal will be eager to take on the challenge. During the St.Patrick's Day festivities last week, the Garda Síochána made clear it would not tolerate dangerous behaviour, in particular driving under the influence of drink and drugs. We must continue to get that message out to ensure there is the same zero tolerance attitude towards drug driving as we have succeeded in achieving in respect of drink driving.

The transformation of our road network in the past ten years, particularly in the mid-west, has undoubtedly greatly improved the safety of our roads. Since entering government in 1997 Fianna Fáil invested more than €8 billion in the road network. In 2005, we launched Transport 21, a ten-year plan for the delivery of an investment of €34 billion in infrastructure. There is no doubt that the completion of the major inter-urban routes has greatly added to road safety records. We also completed the 32 km M50 upgrade scheme in 2010, four months ahead of schedule. The provision of more than 750 km of motorway linking Dublin with the principal cities has reduced journey times, increased the reliability of journeys and improved road safety. It has not been about enabling motorists to drive faster but rather facilitating safer travel on roads which meet standards that are necessary and appropriate. This will ensure that fewer people die in road accidents.

The key determinant of road safety performance is the behaviour of road users, and the primary focus of our road safety strategy in government has been to influence that behaviour positively. One of the most noticeable trends in the latest statistics is the number of men killed. Of the 49 deaths thus far in 2011, 38 were male and 11 female. I urge the Government to look at ways to target and change the behaviour of young male drivers in particular, including through school-based initiatives. By the time many young men purchase or have access to their first car they have already made up their mind what a vehicle should symbolise, which is often an extension of the personality or ego of the individual. We must break that link by intervening at a much earlier stage in young people's lives in terms of driver education. The emphasis of the Government must be to ensure the figure of 252 committed to in the Road Safety Strategy 2007-2012 is not exceeded for each of the remaining years of the strategy and that it continues vigorously to pursue and build on Fianna Fáil's achievements in tackling road safety in the past ten years.

See this speech in context