Peter Fitzpatrick (Louth, Fine Gael)

Last year was the safest year since records commenced in 1959, with 212 deaths. Those are still 212 deaths too many. We want to improve on that number this year. Approximately 135 people have died on the roads so far this year, still too many but a big improvement on last year's figure and even greater than on the figure for 2000, when 415 were killed on our roads.

The Road Traffic Act 2010 was introduced in order that the mandatory testing of drivers could be carried out if a garda had a suspicion that a driver was under the influence of intoxicating liquor or for a number of other reasons. Before that Act, a garda could only require a breath sample if he or she was suspicious about a driver at a Garda checkpoint. The 2010 Act also brought in low blood-alcohol levels for all drivers. The legal blood-alcohol level was reduced, from 80 mg per 100 ml of blood to 50 mg for any person who had a full driving licence for more than two years, with a reduction to 20 mg per 100 ml of blood for learners or professional drivers. The equipment needed to record these lower blood-alcohol levels was not available which meant that the provision in regard to the lower levels could not be enacted. Mandatory testing and the lower blood-alcohol level provision was linked in this Act and it would have been difficult to have introduced one without the other.

The Road Traffic Act 2011 was bridging legislation to address the problem in the previous Act. This allowed mandatory testing but at a higher level until the proper equipment to test at lower levels was available. The Road Traffic (No. 2) Bill allows for the mandatory testing of drivers at the lower levels that were set out in the Road Traffic Act 2010. The mandatory alcohol tests at the lower level will be in operation by the end of this month. The legal blood-alcohol limit for those holding a full driving licence for more than two years will be reduced from 80 mg to 50 mg per 100 ml of blood. The legal blood-alcohol limit for learners and professional drivers will reduce to 20 mg per 100 ml of blood. These low rates can now be introduced as the equipment needed to register them will be available from the end of this month. In line with the new lower blood-alcohol levels, we are also introducing graduated penalties.

People's attitudes have changed dramatically during the past decade and this is very welcome. In a recent survey carried out by the Automobile Association, 87% of motorists believed that drink driving is shameful. We have still to reach the remaining 13%. Section 6 amends the 2010 Act by setting out where alcohol testing is mandatory and where it is not. Mandatory breath testing will take place when a garda is of the opinion that a driver has consumed intoxicating liquor or a driver is, or has been, involved in a collision where death or injury that requires medical attention has occurred. The Bill also amends the 2010 Act in order to introduce mandatory testing where a driver is or has been involved in a collision which as resulted in a death occurring. A garda may ask a driver to take a breath test where he or she is of the opinion that the driver is committing or has committed an offence under the Road Traffic Acts 1961 to 2011 or where that driver is or has been with a vehicle involved in a collision.

Section 9 of the 2010 Act, which is being amended, provides for mandatory testing where a driver has been involved in a road traffic collision that has resulted in a death or an injury and is subsequently removed to a hospital. A garda must test that driver in the hospital except in circumstances where he or she, having consulted the attending doctor, is of the view that such a test would be prejudicial to the driver's health. The garda involved will be obliged to require the driver to permit a designated doctor or nurse to take a specimen or his or her blood or a urine sample. This will not be required if the garda is of the view that the driver should be arrested. The officer must consult the attending doctor to ensure that the taking of such samples from the driver would not cause any adverse affect to the driver/patient. If such an effect might occur, then the garda will not request a blood or urine sample. If either the doctor or nurse attending refuse to take a blood or urine sample on medical grounds, then the driver will not be deemed to have committed the offence of refusing to provide a sample. Under section 8 of the Bill, a garda may enter, without warrant, where a person of interest is in order to obtain a sample.

Section 3 of the Bill deals with the offence of knowingly driving a dangerously defective vehicle. This is an offence which can apply to either the driver or the owner of the vehicle or both. Where the driver is not the owner, the latter may use the defence that someone else was driving the vehicle without his or her permission on a particular occasion. However, the driver of a dangerously defective vehicle cannot use the defence that he or she is just the driver rather than the owner of such a vehicle. The Bill provides that a garda who is of the opinion that a person has committed the offence of driving a dangerously defective vehicle may arrest that individual without a warrant.

Prosecutions in respect of certain offences under the Road Traffic Acts depend on the type of driving licence or permit a person holds because permissible blood alcohol levels are different for those who hold full driving licences than they are for people with driving permits. As a result, section 5 will help to ensure that a mistaken presumption in respect of the type of licence held by a driver will not affect a prosecution relating to a drink driving offence because an alternative verdict will be permissible.

The Bill aims to clarify the existing legislation relating to drink driving and reflects policy decisions already taken during the development of the Road Traffic Acts 2010 and 2011. It also clarifies the position relating to preliminary and mandatory breath-testing requirements and alternative verdicts, as well as dealing with other matters. It will allow for mandatory alcohol testing in respect of drink driving limits which are lower than those set out in the Road Traffic Act 2010. These measures were debated extensively in the context of the legislation approved, with cross-party support, by the previous Dáil. The Bill confirms the Government's commitment to improving Ireland's record on road safety. Almost any amount of alcohol will impair a person's driving or driving-related skills and statistics show that it plays a contributing part in one of every three fatal road accidents. Drink driving is not acceptable.

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