Dáil debates

Wednesday, 23 March 2011

Road Traffic Bill 2011: Second Stage

 

5:00 pm

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)

I congratulate the new Minister, Deputy Varadkar, on his appointment. He faces a big challenge and I am delighted to see somebody as young as Deputy Varadkar in the Cabinet. During my election campaign I picked up from the public the need for new blood and an infusion of new people into politics. I am delighted to see the Minister in his new role; although I am a little disappointed not to see more young members in the Cabinet we will also need experience in these challenging times. I wish the Minister well.

As this is my first time addressing the House I will take the opportunity to thank those who worked so strongly for me in the constituency of Donegal North-East to ensure I was elected here to represent the area and work for its people as a representative at national level. I will work on the issues of importance to the constituency, driving them in the Chamber and ensuring there is progress. I will also make a contribution during this Dáil term to the big issues and challenges facing the country now.

As it is my first time speaking, it is appropriate that I speak to the Road Traffic Bill 2011 because of where I come from. As we are all aware, Donegal is one of the areas at national level which has suffered disproportionately in this regard. I welcome Ms Susan Gray, who is in the Gallery, a founding member of the Public Against Road Carnage, PARC, road safety group. She is from my own parish and I have met her in the past. Like many other families in my local area and nationally, she has suffered loss due to a road traffic accident. She dealt with the issue by taking the initiative and working with other people to set up the PARC safety group to try to improve our road safety. It is a remarkable and commendable act. With the PARC group she achieved a petition signed by 40,000 people calling on the Government to introduce compulsory testing of people involved in road traffic collisions.

Up to now if there is a fatality in a road traffic collision, certain people can be tested but others involved in the incident may not. A very important measure would ensure that the message would go out that drink-driving will not be tolerated. It is also important to ensure that those involved in incidents are tested in order to clarify where alcohol is not involved.

The Bill will be key in allowing for the early introduction of the significant provisions in road traffic legislation to support and reinforce existing measures against drink-driving. The Road Traffic Bill 2011 amends existing legislation and the Road Traffic Act 1994 to allow for the introduction of mandatory alcohol testing of drivers involved in collisions in advance of the coming into force of sections 9 and 14 of the Road Traffic Act 2010 in September this year.

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 lower permissible blood alcohol count of 50 mg and 20 mg for novice drivers. Section 9 of the Act provides for the mandatory breath testing of a driver who in the opinion of a member of the Garda Síochána has consumed intoxicating liquor or been involved in a road traffic collision resulting in an injury. Section 14 of the Act, which is linked to section 9, provides for the mandatory testing of a driver of a vehicle involved in a road traffic collision where the driver is injured and removed to hospital. It provides that a member of the Garda Síochána shall test that driver in hospital unless, following consultation with a doctor, it is not possible. There is a close relationship between sections 9 and 14 with regard to blood-alcohol limit levels.

Unfortunately, these sections of the Act were unable to be put in force as the evidential breath-testing equipment could not be recalibrated to the lower blood-alcohol limit of 20 mg s per 100 ml of blood until September 20011. In this interim, the Road Traffic Bill we are currently discussing amends current legislation to provide for the mandatory alcohol testing at the scene of collisions, albeit within the constraints of the higher blood alcohol levels.

The provisions of the Bill send a strong message that drink-driving will not be tolerated. Importantly, it also clarifies the powers of arrest conferred by law on the Garda Síochána. The legislation must proceed as quickly as possible to ensure no driver can avoid being tested for alcohol intoxication. I am particularly delighted, on that basis, that the Minister has put the Bill before the Dáil today, following the strong work done by the outgoing Minister for Transport. This will ensure that any gains made in changing driver behaviour following the passing of the Road Traffic Act last year will not be lost between now and September this year.

This is the seventh major legislative initiative taken on traffic law in the past decade by various Governments. In the past ten years we have seen the introduction of the fixed charge and penalty points system, a new structure for speed limits based on metric values, the introduction of mandatory alcohol testing checkpoints in 2006 and the reduction of blood-alcohol count levels for drivers from 100 mg to 80 mg in 2006. The Road Safety Authority was also established and there is a mutual recognition of driving disqualifications between this country and the United Kingdom. Last October a network of privately operated speed cameras was rolled out.

The key determinant of road safety performance is the behaviour of road users. The primary focus of a road safety strategy has been to positively influence that behaviour, and this Bill is another element of that programme, which we should continue. I recognise that the Minister has recognised the work done by predecessors such as former Deputies Noel Dempsey and Martin Cullen. I congratulate the current Minister, Deputy Varadkar, on this and I hop he will manage to continue this success.

The previous Minister, former Deputy Noel Dempsey, accepted the 2010 Road Safety PIN award in recognition of the outgoing Government's successful and sustained strategy in reducing road deaths. The award was made by the European Transport Safety Council and marked an outstanding road safety programme among the 27 EU member states. I hope we will continue to build on that record.

Speed remains a major cause of road traffic deaths and serious injuries. In November last, a contract was signed on the provision of safety cameras which appear to be operating successfully. Those of us who have received feedback on the use of such cameras will be aware of a degree of public annoyance caused by the issuing of fines for speeding. This is a sign that the system is working and indicates that drivers will take note of developments in this area.

The focus of the operation of speed camera vans should be on ensuring they are in place for the greatest possible number of hours rather than on catching the greatest number of people. Recently, I encountered a case of an older person who had never before been fined receiving two fines within ten minutes while travelling to a shop to buy milk. A good appeals process must be in place to address such cases and ensure the system enjoys public confidence.

The psychology and culture of speed is a key factor in road traffic accidents. While many measures have been introduced to address the behaviour of recently qualified drivers and improve driver education, I am not aware of many cases of inexperienced drivers causing road traffic deaths. Speed is usually the main factor involved in road traffic fatalities.

The prevailing culture among a certain group of young people, specifically young men, is that those of them who have had repeated court appearances or received multiple fines enjoy a certain amount of street credibility. We need to focus on this issue. A person who is disqualified from driving for six months can engage in the same behaviour once his or her licence is returned and gain enhanced status among his or her peer group as a result. We should consider imposing on repeat offenders a requirement that they may only drive cars with low powered engines - perhaps 1.0 or 1.2 litre engines - for two or three years. This would address the problems arising from the ego aspects of driving at speed in high powered cars, while acknowledging the right of individuals to continue to drive.

I welcome the measures in the Bill and commend the legislation to the House. I extend my best wishes to the new Minister and hope he will progress work in this area.

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