Leo Varadkar (Dublin West, Fine Gael)

I move: "That the Bill be now read a Second Time."

The Bill I am introducing today will act as another key element in the transformation of road user culture in Ireland. It is more than 50 years since the first road death statistics were compiled here and, in that period, we have witnessed huge social, political and cultural change. Road safety has not been isolated in this regard. We have taken on new practices and made them inherent in our daily lives. The majority of us now wear seat-belts, we put children into car seats and we ensure our vehicles are roadworthy. We continue to accept and endorse the measures that keep us and our families safe.

Such willingness to change has provided certain rewards. While it is hard to celebrate statistics that relate to death, it must be recognised there has been considerable progress in such terms, particularly in the past ten years. This must be considered against the backdrop of unprecedented numbers of vehicles on the roads. Vehicle numbers have increased by 44% in the past ten years, with more than 2.4 million registered vehicles now using our roads whereas, in that period, the number of people dying on our roads has fallen by 48%. Last year had the lowest recorded number of deaths - 212 - since records began back in 1959 and we are on target to improve further on these figures in 2011.

However, we cannot become complacent and we need that transformation in the culture of driving to continue. In the Seanad last week, Senator Barrett stated that if we were starting from scratch and knew that an activity would entail the death of 200 people every year, we might not proceed with its introduction. In that context, I find it somewhat surreal to talk about 200 fatalities in a positive sense. However, put in a historical context, this is a good news story. In 1972, an incredible 640 people died on our roads, an average of some 50 deaths a month, many more than died in the Troubles that year. By 2001, ten years ago, the numbers dying were still significant at 411. Major changes in many areas have, thankfully, helped in halving that figure over the past decade.

What, therefore, are the factors that contributed to this reduction? First, the standard of vehicles being produced is far higher and far safer than before. Items such as seat-belts, air bags and improved braking systems have ensured that even when collisions occur, the chances of death or serious injury is reduced. We have also introduced the NCT system that carries out regular checks on vehicles to make sure they are fit for use. The road network has been upgraded and motorway and dual carriageway driving has been proven to enhance safety. We have seen the introduction of deterrents such as penalty points, fixed penalty notices and charges and, most recently, the GoSafe safety camera network.

The Garda Traffic Corps was established and has played its part in making our roads safer and, in 2006, the Road Safety Authority began its work. The dedication and commitment of the board, CEO and staff of the RSA has played a huge part in raising public awareness of the everyday dangers that motorists, cyclists and pedestrians face and the strategies it has pursued have led to a safer environment for all road users.

Perhaps the most important change that has taken place over those ten years has been the attitude of the general public to road safety matters. We have witnessed a significant culture change. No longer is it acceptable to a majority to drink and drive, the wearing of seat-belts has become the norm, both in the back and the front of cars, there is greater awareness of the dangers and consequences of speeding, and responsible people do not use hand-held mobile phones while driving.

While the last Government gets a great deal of criticism for its management of the economy, which is well deserved, it is important to recognise that it made a priority of road safety and that many of the measures it introduced have saved thousands of lives. At the same time, it is also important to recognise that this was done with cross-party Oireachtas support. The Oireachtas too has been instrumental in adopting legislation to put in place greater safeguards and penalties in regard to the continued threats to life and limb on the roads. Over the years, road safety measures and initiatives have been one of the few areas that has enjoyed all-party support in this House, and I am sure this will continue.

A major contribution to road safety in recent years has been the enactment of robust road safety legislation that has concentrated on delivering targeted road safety measures. Last year, we made considerable changes to the intoxicated driving legislation under the provisions of the Road Traffic Act 2010 and this year those provisions relating to mandatory breath testing were strengthened under the Road Traffic Act 2011, the first legislation enacted under the new Government.

This No. 2 Bill is the eighth legislative initiative that has been taken on traffic law in the past decade, which truly reflects the commitment by all parties and stakeholders to road safety. While the provisions in the Bill are not new, they will allow us to implement and strengthen the initiatives we have already agreed through the passing of the Road Traffic Acts 2010 and 2011. The 2010 Act provides for the lowering of the current drink driving limits for all drivers, with a particular focus on learner, novice and professional drivers. While the new limits have been subject to much media debate, there is now a general awareness and acceptance that these measures will be, and should be, implemented without delay.

The necessary breath testing instruments for the lower limits are being provided and the administrative and operational systems to support the measures are being finalised. The Bill will make key amendments to strengthen and improve the related legislative provisions before the new limits come into force. The Road Traffic Act 2011, which was enacted earlier this year, amended the mandatory alcohol testing provision of the 2010Act and was commenced in June. The commencement of that provision made breath testing of drivers for alcohol mandatory in situations where a person has been injured in a collision, or where a driver is suspected of consuming alcohol when driving or being in charge of a vehicle. My commitment to endorsing mandatory breath testing is again being represented in this Bill where the same mandatory testing provisions will now be applied at the new lower drink driving limits. The Bill reflects the changes made in the 2011 Act and further clarifies some of the related intoxicated driving provisions of the 2010 Act. In essence, this Bill will bring greater cohesiveness and strength to the intoxicated driving legislation, thus making it more resistant to legal challenge and more effective as a deterrent to bad driving choices.

In terms of the timescale involved, Members will be aware that it was necessary to procure new evidential breath testing instruments to measure the lower blood alcohol concentration levels. The Medical Bureau of Road Safety is well advanced in the testing and installation of these instruments and a detailed training programme for An Garda Síochána in the use of the instruments has been provided by the bureau. All stakeholders are on schedule for commencing the new limits in the coming weeks. As Members can appreciate, I want this legislation in place as quickly as possible in order that drivers will receive a strong message before the October bank holiday and the Christmas period that drink driving is not an option and cannot be tolerated. When operational, drivers can expect to be tested in more circumstances than before with more stringent limits being applied. For learner, novice and professional drivers, the lower limits will effectively mean a policy of zero tolerance.

In line with the Government's new proposals relating to the introduction of legislation, I held preliminary discussions on the general scheme of the Bill with members of the Oireachtas Joint Committee on the Environment, Transport, Culture and the Gaeltacht. I found the engagement very useful and its Chairman has since written to me with the joint committee's proposals and recommendations, to which I will give careful consideration. Following discussion with the joint committee and the Attorney General, I decided to divide the provisions of the general scheme into two separate Bills. I seek to introduce mandatory breath testing at the lower limits as quickly as possible and consequently this No. 2 Bill is concentrated in the main on these provisions. I intend to publish another Bill before the end of the year to address the other issues discussed with the joint committee.

At this juncture, I wish to provide more detail on the provisions of this Bill. Most of the amendments proposed in this Bill are technical and some are minor. The Bill is largely a tidying-up exercise with a view to bringing greater cohesiveness to intoxicated driving legislation. The aim of the amendments in section 2 is simply to bring clarity to the type of information a garda can demand from a person who does not produce a driving licence. A garda can ask for a person's name, address and date of birth and failure to provide any or all of this information will be viewed as an offence. This level of information is vital to following up on an offence and for obtaining successful prosecutions. The 2010 Act already allows the Garda to ask for this information but the amendments in section 2 will make the provisions easier to interpret and should minimise any confusion when commenced.

Section 3, which was inserted following the agreement of the Seanad, makes similar amendments to section 107 of the Principal Act relating to the duties of a person to give certain information on demand by a member of the Garda Síochána. Again, this section is a clarifying provision. Section 4 restates through substitution certain sections of the Principal Act. However, amendments also are being made to bring clarity to the offence of knowingly driving a dangerously defective vehicle. I do not want there to be any doubt about who could be prosecuted for an offence under section 54. The amended wording more closely resembles the original wording in the Principal Act.

One of the more significant amendments arises in section 6 and relates to failure or refusal to produce a driving licence. While the overall policy remains the same as in the 2010 Act, the wording in this section has been altered substantially. The amendments are on foot of legal advice relating to the 2010 Act and recommendations by the Attorney General's office. Section 6 amends, by substitution, section 8 of the Road Traffic Act 2010 to bring clarity to the obligations related to the production of a driving licence where a person is required to provide a specimen under sections 9, 10, 12 or 14 of the 2010 Act. This section was amended in the Seanad to include sections 12 and 14. If a person fails or refuses to produce a licence, it shall be presumed that the person does not hold a licence until the contrary is shown and he or she can prove otherwise. As it currently stands, the legislation immediately designated the person to be a "specified person" in the same circumstances, and it is this designation that was considered to require legal enhancement. A specified person is a learner, novice or professional driver. Section 6 also inserts a new section 8A into the 2010 Act to bring clarity to the options available to the courts with regard to offences.

Section 7 amends the Road Traffic Act 2010 by substituting section 9 to reflect the obligations on drivers to provide a preliminary breath test as set out in the Road Traffic Act 2011. Section 9, as amended, provides for the mandatory preliminary breath testing of drivers where a member of the Garda Síochána is of the opinion that a driver has consumed alcohol or where a driver has been involved in a collision in which a death or injury that requires medical attention has occurred. The reference to "death" in the section is a new provision simply to ensure there are no loopholes in the mandatory testing element.

Section 8 amends the 2010 Act by substituting section 14 to reflect the adjusted policy of the Road Traffic Act 2011. The section provides for an obligation on a driver to provide a blood or urine specimen while in hospital when that person has been involved in a road traffic collision and appears or claims to have been injured. There is nothing new in this section, which simply combines existing legislation into a more appropriate legal location.

Section 9 provides for a number of technical and minor amendments to the Road Traffic Act 2010. There are a couple of amendments under this section, however, that I wish to highlight. Section 9 (a) substitutes new text for the definition of "specified person" in section 3 of the Road Traffic Act 2010. Section 3 is being amended to provide that a person who does not hold a current licence for the vehicle concerned will be categorised as a specified person when prosecuting for intoxicated driving. This amendment reflects and reinforces existing legislation that all drivers must hold a current licence at all times. Section 9 (d) amends section 12 of the Act to provide that a person can also be tested at a hospital subsequent to arrest and not just at a Garda station.

In essence, that summarises the Bill. While Members are aware that road traffic legislation is complicated, convoluted and heavily litigated, I hope I have explained the provisions clearly and look forward to hearing their contributions.

Although this Bill is not about amending the drink driving limits, I anticipate that some of the debate will revolve around these limits, given that the provisions in the Bill relate to intoxicated driving. I reiterate that the issue of the limits was dealt with adequately in the Road Traffic Act 2010 and the levels set out are appropriate. In determining what the limits should be, in the context of the 2010 Act, advice and expertise were sought from the Road Safety Authority. This advice was informed by a number of issues, including known driver behaviour, past offending rates, enforcement practicality, best international practice and research, as well as analysis of data held by the Medical Bureau of Road Safety.

The message not to drink and drive is clear and lower limits undoubtedly will strengthen that message. People no longer tolerate drink driving, as was evident in a recent study conducted by the Automobile Association. This study found that 87% of motorists in Ireland believe that drink driving is shameful. This viewpoint may seem harsh but statistics show that alcohol plays a contributory role in one out of every three fatal accidents. It is important, therefore, that we reach the remaining cohort of people, that is, the 13% who do not share these strong views. Perhaps these drivers think the risk is worth taking but Members of this House do not. The measures being implemented over the coming months will reflect what the majority believes about intoxicated driving. Hopefully, a more stringent regulatory regime will convince those who still engage in drink driving to reconsider and evaluate their choices. A car, in certain circumstances, can be a lethal weapon. If used without due care and responsibility, it can cause untold devastation for families and communities. I look forward to Members' co-operation in facilitating the passage of this Bill and commend it to the House.

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