Catherine Murphy (Kildare North, Independent)

This is a temporary measure which is designed to fill a gap until September. I was in favour of the primary legislation so I will be supporting the Bill. It is strange that it has taken until now to introduce this worthwhile item of legislation. In the context of this and other Bills, I will be seeking to evaluate how their provisions will be applied. Too often we are told that there are sufficient laws on the Statute Book but that these are either not applied or not fairly applied. We must, therefore, anticipate this in the context of any legislation we pass and seek a remedy in parallel.

Mandatory breath testing will apply from later this year. While the only evidence available to me is anecdotal in nature, it appears that breath testing is generally applied in areas where large numbers of gardaí are stationed. It is unusual, for example, to see gardaí engaging in breath testing on a weekly basis. However, it is not unusual to witness this type of activity in Dublin's city centre - which has quite a good public transport system - on such a basis. Prior to Christmas, I was stopped at a random checkpoint and asked to submit to a breath test. I was happy to do so and I am delighted to say that no issues arose and I was permitted to drive on.

I know several people who live in the city centre and I am aware that it is not unusual for them to be pulled over and asked to submit to a breath test. However, in the area where I live, which is located just 11 miles from the city centre, such an occurrence would be much more unusual. The reason for this relates to the disparity that exists in the context of the numbers of gardaí stationed in different parts of the country. It is typically the case that at long weekends or at times when anti-drink driving campaigns are in train one will see many checkpoints.

There is far too much localism in national politics. The reason for this is that decisions taken at national level sometimes give rise to inequities. The ratio of gardaí to population is part of this. I obtained some statistics from the www.kildarestreet.com website on this matter. They were compiled on foot of a number of parliamentary questions that were tabled last year, including some from Deputies who represented my constituency at the time. The statistics show that Kildare, which has a population of 186,000, is at the worst end of the spectrum, with just 328 members of the force stationed there. I expect that the forthcoming census will show an increase in the population of the county. At the other end of the spectrum, there are three more gardaí stationed in Sligo-Leitrim, where almost 100,000 fewer people live, than in Kildare. This has a direct impact on how the law is applied and on the quality of the service supplied by the Garda.

I understand this matter does not fall directly under the Minister's brief. However, there is an overlap. The areas worst affected when it comes to the number of gardaí stationed there are Kildare, Meath and Wexford. All three were the subject of rapid increases in population in recent years but the services on offer in each have not kept pace with the level of increase. A 33% increase in the number of gardaí stationed in Kildare would bring it up to the average. That is an indication of how bad is the position.

I am anxious to ensure that adequate resources will be available to implement the provisions contained in Part 2 of the Road Traffic Act 2010 when they come into operation in September. In light of the current embargo on public sector recruitment, the only way to resolve the problem with regard to the deployment of gardaí is by way of transfers. The Garda Commissioner is obliged to manage the resources available to him within the constraints which apply in respect of the embargo. He is responsible for deploying resources, and I understand this separation of functions. However, it is not unfair to seek a level of equality, because it will impact on this issue. I accept that extra resources must be deployed to city centre areas where specialised divisions may be based. No one objects to gardaí being deployed to specific areas, such as Border counties or areas of conflict, such as small pockets of Limerick. Nevertheless there is an equity issue and it will impact on the Minister's task of managing road safety.

Road safety is an issue for all of us. It is not a simple matter of passing laws but also of looking at how the law is applied. That is the primary point I wish to make.

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