Leo Varadkar (Dublin West, Fine Gael)

I thank Deputies for their positive contributions, their support for the provisions in this Bill and their kind words of congratulations. The main purpose of the Bill is to allow for the early introduction of mandatory preliminary breath testing for drivers who, in the opinion of a garda, have consumed alcohol and drivers who are involved in road traffic collisions where injury is caused to another person. The latter provision will only apply where there is no overriding medical considerations in respect of the driver. The concept of mandatory testing in these circumstances has already been accepted and approved by the Oireachtas through the provisions of the Road Traffic Act 2010. The provisions of this Bill will cast a wider net over the circumstances in which drivers can be breathalysed and will provide a useful gauge of the role alcohol plays in causing road collisions. The purpose of extending the Garda's breath-testing powers is not to obtain increased numbers of convictions but rather to act as an effective deterrent, with success being calculated against decreasing detection rates. The ultimate aim is to have a direct impact on the number of road deaths that arise in future years.

Deputy Dooley referred to the burning out of two GoSafe vans. This is a matter for the Garda and the Department of Justice and Law Reform. However, I share the Deputy's concerns and undertake to liaise with the Garda Commissioner and the Minister on the matter. I suspect that those who damaged the vans did not do so because they were concerned about getting penalty points but because they are sinister criminals who do not want any form of surveillance in their area.

Deputies Dooley and Kitt raised the issue of service stations on motorways. I am informed that discussions are taking place between the Department, the Road Safety Authority and the National Roads Authority regarding the provision of additional rest areas. I agree with Deputy Dooley that smaller-scale facilities would be sufficient rather than having to go for the Rolls Royce option. Deputy Kitt makes the valid point that we should offer the opportunity to private developers to provide these service centres if the public private partnership system is not succeeding. Several such projects are not progressing in the way they did in the past largely because of the sovereign rating of the State, with private PPP bankers and finance houses unwilling to lend to the State in the way they did in the past. We may have to fund such projects through traditional Exchequer funding or through entirely private funding.

Deputy Dooley raised the issue of driving testing in schools. I see no reason that pupils could not do the theory test, for example, but I will have to get more information on that. Deputy Dooley asked about progress in regard to the introduction of graduated driving licences. The Road Safety Authority undertook a consultation process on this issue in 2009 which contained several possible measures. The authority has considered the responses from the public and interested bodies and has submitted its recommendations to the Department. The approach proposed by the authority has been approved and preparations are under way for the introduction of the various elements. Many of these proposals will require primary legislation and will be included in the road traffic (No. 2) Bill later this year.

Several speakers raised the issue of drug driving. It is illegal in Ireland to drive while under the influence of drugs. Enforcement is a matter for the Garda and where a garda suspects that a motorist is driving under the influence of any intoxicant, he or she may address the driver. However, unlike alcohol, there is no legal limit for drugs. The Road Traffic Act 2010 provides for such preliminary impairment testing. The Medical Bureau of Road Safety, in association with the UCD school of medicine, is responsible for the provision of training for gardaí. That is scheduled to begin this month and I expect to commence the relevant provisions of the 2010 Act in the autumn.

In regard to roadside drug testing, I am advised there is no feasible basis in Ireland or Europe for the introduction of preliminary roadside tests for drugs as testing devices are still at prototype stages. Deputy Broughan referred to a saliva-based test in use in Australia. I am not fully aware of that but I will investigate whether there is a possibility of bringing it into operation here. I am advised that a test that works in Australia may not necessarily work in Ireland for climatic and other reasons, but I will examine whether it is an option. It is important, if we introduce roadside testing for drugs, that we get it right and do not end up with a fiasco by doing something that does not work out. In the meantime the Medical Bureau of Road Safety will keep me abreast of developments in this area. When suitable technology is available it is in everybody's interest that measures applying to roadside testing of drivers for alcohol should also be applied in regard to drugs.

Deputy Ellis expressed concern about the wording of section 2 (12) and suggested that the word "or" should be inserted between paragraphs (a) and (b) and between paragraphs (b) and (c). I am advised by the Attorney General that it is standard to have an (a), (b), (c) or (d) arrangement and that the inclusion of "or" in the two indicated places might, rather than strengthening this legislation, undermine existing legislation in other areas. However, I undertake to examine that for myself and to ascertain whether in respect of legislation with similar formation of paragraphs, there have been any challenges in that regard.

Deputy Ellis also raised the issue of something being prejudicial to health. I understand the Deputy's concerns in this regard. We all share the same objective; we want to ensure gardaí are not forced to breathalyse a person who might need urgent medical attention. At the same time, we do not want gardaí to have too much discretion so they might inappropriately employ the power not to breathalyse someone who should be breathalysed. We do not want a situation where someone is a condition where he cannot be breathalysed for supposed medical reasons but we then find out an hour later that he managed to go home without undergoing any breath test. The real difficulty is finding the right wording and exact definition for something being prejudicial or injurious to health. I will examine that on Committee Stage and I am open to proposals for better wording that will achieve what we all want to achieve.

It is not practical to have a doctor's opinion on every occasion; it will not be possible to have a doctor at the scene of every road accident to determine if breathalysing someone would be prejudicial to his health. I understand and share the concerns in this regard but the point is that we want to ensure those who are involved in accidents are breathalysed and the discretionary element is removed as much as possible. At the same time we must allow provision for people in need of medical aid to get it rather than being breathalysed first.

Deputy Broughan mentioned a follow-through clause for someone who is not tested at the scene. That might be sensible and I will endeavour to examine that. He also raised the number of Garda checkpoints. The number of checkpoints has fallen and that is related to the fact that Garda resources are more stretched than they were in the past.

On the implementation of the revised BAC, concerns have been expressed about the perceived delay in the introduction of the new equipment for the testing of lower BAC levels. There has been no delay and all necessary steps have been taken to guarantee the appropriate equipment will be in place as soon as possible. Deputies will be pleased to hear the bureau has selected a tender designate and is involved in contract negotiations with that company. Once the contract is signed, further tests will be undertaken on the approved instruments with the aim of installing the devices in Garda stations later this year. It is also intended to increase the number of instruments from the current number of 64 to 86 as part of this programme.

Deputy McConalogue asked about the possibility of limiting repeat offenders to a smaller engine car, which might take away from the "macho" achievement of being banned from driving. It is a good suggestion, although I do not know if it could be incorporated in this Bill. Perhaps it could be included in the No. 2 Bill later this year.

Deputy McGrath and other Members raised the state of many of our roads. I agree and accept that roads are in a poor state after the bad weather. The funds available to Government are limited and although the budget for road maintenance has been cut back considerably, a third of what we are spending comes from the IMF and that is not sustainable in the long-term, no matter how it is done. Pressure on the road budget will continue for the foreseeable future.

I am examining NRA funding and there are some projects the NRA had hoped to progress this year that may not go ahead for planning reasons and, as a result, it might be possible to divert some funds that had been intended for new roads to repair existing roads. That is my intention but it is too early at this stage to make an announcement on that.

Deputy Catherine Murphy raised the issue of Garda numbers in commuter counties. I understand her remarks; my constituency is also a commuter area with a relatively low ratio of gardaí to population. There is only one Garda station in the entire constituency, which would be unusual nationally. At the same time, if we look at the figures, the highest levels of road accident fatalities are on the western seaboard, where there are large numbers of gardaí. It is unfair to say there is a direct correlation between the number of gardaí stationed in a particular county and the number of road deaths.

Deputy Ó Snodaigh suggested there should be provision for the loss of a licence if a driver fails to cooperate with testing. That is an eminently sensible suggestion and if it is not already covered in the Bill, it should certainly be covered in the No. 2 Bill later in the year. He argued cogently that if the penalty for an offence is a loss of licence, a similar penalty should apply in the case of non-cooperation. He also raised provisions for samples from a person who is unconscious or unable to consent to a sample being taken. That is covered in section 3, where the driver does not need to consent and a nurse or doctor can take a sample on direction from the gardaí.

Deputy Durkan mentioned vehicle failure causing accidents and he is absolutely right. The closest I ever came to an accident was when the brakes on my one year old car failed some months ago. Statistics may not show this up because people assume collisions happen for a reason and not necessarily as a result of vehicle failure, which happens more often than we may think. He also raised the issue of the annual car test, a reference to the NCT being needed every year after year ten. Evidence suggests that a huge number of accidents involve vehicles that are more than ten years old.

I thank Members for their cooperation with this Bill. I will examine the issues I mentioned with a view to including them on Committee Stage and I will welcome amendments on Committee Stage that will improve the Bill. To secure speedy passage of the Bill, however, I would prefer if new elements that expand the scope of the Bill would be left until the No. 2 Bill later in the year, with a view to introducing it before the summer recess.

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