John Halligan (Waterford, Independent)

I congratulate the Minister for bringing the Bill before the House. I welcome in particular the provisions that deal with the accepted norm that one can drink and then drive. There is no need for me to rehearse the statistics on the numbers of individuals and families who have been damaged by drink driving.

However, concerns arise in regard to section 7 which provides for mandatory testing of drivers in hospital. Perhaps the Minister can provide further clarification on the section in his concluding remarks. Has the section been tested in terms of civil liberties? It would, for example, be traumatic enough for an elderly couple to be taken to an emergency department after an accident without being asked by a garda to provide a blood or urine sample. As gardaí and other front line services will attest, many emergency departments experience exceptional levels of violence on Saturday nights. A garda would have to visit an emergency department in which 60 or 70 patients are being treated to demand a blood or urine sample from an individual who had been involved in an accident. This will give rise to difficulties for the staff of the department, the gardaí tasked with administering the test and the individuals being treated for injuries. If the test has to be administered, perhaps it could be done in a separate room. Many of those involved in accidents suffer injuries that are not serious in nature and they may only require stitches or treatment for bruises. My interpretation of the Bill is that gardaí will have to come into emergency departments.

I am also concerned that the Bill does not require testing where the garda is of the opinion that the individual concerned should be arrested. This measure needs further clarification. Will the garda make a decision in the hospital that an individual is under the influence? For the sake of the garda who must go to the emergency department, the staff who work there and the individuals who may be involved in an accident through no fault of their own, we must proceed carefully in this area. It is unacceptable that an individual who is over the limit could get away with an accident by presenting to an emergency department but perhaps we need to tighten the wording of the section in regard to dealing with patients.

The number of cars that are not in road worthy condition is increasing.

Another Deputy alluded to that in the House yesterday. We should remember that where there is a car on the road we help the economy through tax, buying petrol and the purchase of the car. In the present economic circumstances therefore it is in our interest for people to buy cars and keep them on the road.

Does the Minister accept that many people find it extremely difficult to keep a car on the road at present? Cars are essential for people to bring children to school and to go to work. Perhaps we should consider making it obligatory for local authorities and insurance companies to allow people to pay tax and insurance every week or month. If it were easier to pay, people might not be in arrears or break the law. Nobody should break the law but people are under severe pressure. Statistics indicate that many people drive without insurance and tax, which they should not do. We cannot deny the statistics. Many people need and want cars but they cannot afford them. Perhaps the Minister could consider the introduction of legislation that would allow people to pay tax on a weekly basis rather than a three monthly basis. I do not know whether one can pay car tax on a monthly basis but we must make it easy for people to pay so that they will not be outside the law. I am not sure whether insurance companies accept a monthly payment but the Minister's office could make a recommendation to make it easy for people to pay who are outside the law, who do not wish to be, but are because of economic circumstances. One might well say they should not drive but we need people to drive cars and buy second-hand cars as it helps the Exchequer and helps the economy to grow.

We should consider making it obligatory for schools to include an educational programme on driving because of the number of people who have been caught drink driving and all those who have drugs in their system while driving which we are not currently able to detect. I refer in particular to students in leaving certificate year as an education programme for those who are about to leave school and may wish to buy a car might not go astray. It could help to further reduce the impact of those driving with drink and drugs.

It is not often that I compliment the Government but I compliment the Minister on what he has done. I know he is sincere in his attempts to ensure that everyone drives a properly functioning car without faults and to tackle those who feel it is the norm to drive while under the influence of drink or drugs.

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