Dessie Ellis (Dublin North West, Sinn Fein)

This is a short but important Bill. Each of its sections will enhance the provisions of the Road Traffic Act 2010 and send an important message to the public from this House that drink driving and drug driving will not be tolerated. Section 2 of the Bill allows for the mandatory testing of drivers following a collision. I read earlier in the week that since last November, 50,000 drivers have been detected speeding and issued with fines and penalty points. The number of people being killed or seriously injured on our roads is increasing. The incidence of drink driving is decreasing and I hope this Bill will help to eradicate it entirely.

The Government needs to invest in driver education to address the issue of motorists driving while tired. It should not be forgotten that driver fatigue is a big issue. We have built many new motorways across long distances but we have failed to provide for garages or other areas where people can stop to have a cup of coffee. Obviously, that will be addressed in the future. Driver fatigue is a very big issue. I have experienced it on numerous occasions, as I am sure most Deputies have.

Deputy Dooley has proposed his amendments because he is concerned that the discretion it is proposed to give to gardaí under the amended sections 12(6) and 12(7) of the 1994 Act would mean that the compulsory power currently given to gardaí with regard to blood testing would become a discretionary power. The Bill as it stands proposes to provide for discretion in the testing of breath in circumstances in which it "would be prejudicial to the health of the person". While I understand this concern, I am not convinced of the value of these amendments. It is unlikely and rare that a person would be in a situation in which he or she could not have his or her breath tested because it would be "prejudicial to the health" of that person, whereas it would be fine for him or her to have his or her blood tested instead. Gardaí are being awarded the discretionary power to do this. I do not believe it would be practical to go any further. It should be taken into account that medical advice will also be available.

Tá Sinn Féin i bhfábhar an Bille seo. Le cúnamh Dé, beidh ár mbóithre níos sábháilte mar thoradh ar an reachtaíocht seo.

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