Dáil debates

Wednesday, 5 October 2011

Road Traffic (No. 2) Bill 2011 [Seanad]: Second Stage (Resumed)

 

12:00 pm

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)

I am glad to have the opportunity to speak on this important Bill, which follows on from the Road Traffic Act 2010 and also the Road Traffic Act 2011, which the Minister, Deputy Varadkar, introduced earlier this year. This Bill brings into play many of the measures which were incorporated in the 2010 Act. I commend the Minister for his work on this issue to date and also for bringing forward the 2011 Act, which facilitated the introduction of mandatory alcohol testing at the previous higher limit while waiting for the equipment to become available to allow testing to take place at the lower levels, which will soon happen.

This is the second piece of road traffic legislation to be introduced in this Dáil, which reflects the importance of the issue. In the last decade alone, the Oireachtas has passed eight major pieces of traffic law, which is a reflection of the level of commitment and support throughout society, including the Oireachtas and the political system, for improving road safety standards. The last ten years have seen the introduction of the fixed charge and penalty points systems, a new structure of speed limits based on metric values, the introduction of mandatory alcohol testing checkpoints and the establishment of the Road Safety Authority. More recently, we have seen the roll-out of a network of privately operated safety cameras.

The success achieved in regard to reducing road deaths in the past ten years, during which the number of deaths has reduced by 45% from the level at the turn of the millennium, is a reflection of the power of public policy, when it is done right and when a real, coherent and united effort is made to tackle an issue. Since records began in the early 1970s, and indeed long before that when incidents were not recorded, road traffic accidents and fatalities and injuries resulting from collisions have brought immeasurable misery to every parish and county, and to many family networks across the country.

Let us consider, as an example, the level of effort, time and political will put into ensuring a resolution was brought to the Troubles in Northern Ireland. While it was very different, it also had horrendous levels of injuries and deaths on an annual basis for many years throughout the 1970s, 1980s and 1990s. Much political will went towards bringing about a resolution, but at the very same time there were even more fatalities and injuries each year as a result of road traffic accidents. This demonstrates how a society can become desensitised to the dangers posed by cars and travelling in vehicles. I note that when the Minister introduced the Bill yesterday, he referred to comments made by Senator Barrett in the Seanad who had observed it would be extremely hard to introduce to Ireland the ability to drive motor vehicles for the first time in the knowledge that so doing would involve such a level of injury and fatality. Nevertheless, it is a fact of life.

This legislation attempts to reduce the impact of alcohol in road traffic accidents and collisions. As for the impact of alcohol in collisions in recent years, I note Alcohol Action Ireland has estimated that almost one in three deaths in Ireland is alcohol-related. Moreover, the latest available statistics show that an average of 120 people, comprising drivers, passengers and pedestrians, are killed in alcohol-related crashes each year. These figures reinforce the critical nature of this legislation and, unfortunately, the true scale of the problem is unknown. According to Alcohol Action Ireland, nine out of ten drivers who had survive crashes in which someone had died had not been tested for alcohol, while more than one third of drivers killed in crashes had not been tested for alcohol either. The European Commission has estimated that alcohol can be attributed as a cause in at least one quarter of road deaths, while the World Health Organization estimates the role of alcohol in road deaths to be even greater again.

The political will and drive to address this issue and lower further the limits of blood alcohol tests have been commendable. In this context, I pay tribute to the previous Minister for Transport, Noel Dempsey, for driving this issue in the 2010 Act and the current Minister, Deputy Varadkar, for pushing it forward. I also commend the work of the Road Safety Authority, its staff and chairperson, Mr. Gay Byrne, for their efforts to increase awareness of road safety issues and their contribution to the current level of road deaths, which stands at 132 deaths thus far this year. I hope Ireland is on course to record an annual total of fewer than 200 road deaths this year for the first time. While this constitutes a massive toll and level of misery, it is an improvement on what one had come to expect in previous years. Moreover, it has come about as a direct result of the efforts made politically and by those organisations which have been operating in this field. In this context, I particularly wish to highlight and commend an organisation in my native county of Donegal, namely, the PARC Road Safety Group, as well as the efforts of Ms Susan Gray in pushing and advocating for the introduction of mandatory alcohol testing. She has done fine work in this regard and can take some of the credit for the development of this legislation in recent years.

I wish to touch on a couple of directly-related matters that could be incorporated into road traffic legislation. One is a suggestion I raised before the summer during the debate on the Road Traffic Act 2011 on the possibility of introducing further restrictions in respect of the types of cars and engine sizes younger drivers may drive. I have seen at first hand, as I am sure have other Members elsewhere, the car and speeding culture among young, predominately male drivers in particular and the dangers to which this leads. Recent national road death statistics show that approximately 30% of road deaths are of people aged between 18 and 25 years, which is exceptionally disproportionate and relates directly both to inexperience and the excess of youth and to the car culture and speeding evident nationwide. Many repeat offenders often come before the courts for particular offences pertaining to speeding or pulling stunts and receive penalty points and fines. Nevertheless, within a few months or even the day after a fine is paid, they are able to return to the same high powered vehicle to resume the same carry-on with enhanced street credibility. The existing disincentives or punishments certainly are not working for this category of driver and the manner in which this issue is addressed must be reassessed.

I acknowledge that recent legislation has made provision for enhanced learner measures for drivers who are learning for the first time, as well as enhanced penalty points and reduced blood alcohol limits for young drivers, as well as professional drivers. While this is well and good, it does not address the car or speed culture that obtains among male drivers, in particular. During the debate on the Road Traffic Act 2011 I suggested the Minister consider the idea of empowering judges to restrict offenders - repeat offenders in particular - to cars with small engines to prevent them from returning the next day to their high powered vehicles, on which they have often spent much money and to which they are very attached, to resume their activities. Such a measure which could put a young driver out of his or her normal car while at the same time not restricting him or her from driving altogether would constitute a far bigger disincentive than would a fine of €250 or €400. Moreover, a person would not be put off the road entirely or refused the right to drive, which would be particularly useful in a rural context. However, were someone who was used to buzzing around in a souped-up car with a 2.5 litre engine restricted to a 1 litre Micra or Punto, they certainly would not feel so powerful while nipping around the local town or pulling stunts. However nice a car a Micra may be, being faced with the prospect of driving around in one for four or five years might put manners on people in a way that a rap on the knuckles and a scolding by a judge certainly never would. I ask the Minister to consider this proposal. The proposed restriction of engine size has been discussed previously, but whatever measure is put in place, it certainly would enhance the available penalties and could have a real impact on the culture that obtains among younger drivers, in particular.

The Minister should consider another matter related to road safety, namely, the current national car testing set-up. The recent National Car Test report showed nationwide failure rates of just under 50%, while the failure rate in County Donegal was 48%. This can be compared with a failure rate in Northern Ireland under the MOT car testing system of 22%. In other words, our failure rate is more than twice that of the MOT system, even though the same machines are being used in both jurisdictions and even though the rationale for both tests is the same, to ensure vehicles are roadworthy and safe both for their drivers and others on the road and that no one is able to go out recklessly in a vehicle that is not safe, thereby putting himself or herself and other road users in danger.

Northern Ireland has a strong track record in testing as its MOT predates ours by many years - we only introduced ours in recent years. We have a failure rate of more than twice that for Northern Ireland. Almost one in every two cars presenting for a test needs to return for a recheck on another day. For many this necessitates half a day off work, leading to costs in lost wages and re-test fees. Will the Minister have his officials conduct an assessment of why that is the case? They should consider the requirements in Northern Ireland for the MOT and the basis on which cars there are failed. They should then investigate why almost half of cars here in the Republic are failing. There are some simple differences, including the emissions test which is done differently here.

There are other issues. For example a car presenting with hub-caps on its wheels can lead to a fail in the NCT, which is not sensible. This is a matter that needs the Minister's attention. He should ask his officials to carry out an assessment and provide a report on ways in which we may be able to reduce the NCT failure rate without compromising car and road safety, which are paramount. I am sure there are ways in which we could amend it allowing people to be less discommoded by retests while retaining the same level of safety. In my county, Donegal, 30,782 NCTs were conducted last year, with approximately 16,000 passes and 15,000 failures. Some 15,000 people in one county having to return on a second occasion for a re-test is a very large number. If it was investigated properly, I believe we would find it is not really necessary.

Deputy Coffey from Waterford remarked on driver fatigue, which is as big an issue if not a bigger issue than alcohol in deaths and injuries on the roads. There have been some very effective awareness campaigns recently. However, the issue is not as apparent and is not taken as seriously as it should be by road users. Many of us have a very blasé view of driving when tired. People are not making sufficient effort in advance to ensure they do not end up driving a vehicle at a time when they are suffering from fatigue. We have reached the stage that more of us would know of someone involved in a car accident as a result of fatigue than as a result of alcohol. We need to put the same effort into addressing that as we have in trying to reduce the number of alcohol-related accidents. Obviously it is a much more difficult matter to address because it is not possible to measure or test for it. However, we will need to try to encourage people to take responsibility for it. At our level we need to prioritise it as a public policy issue.

Public transport and good roads along with technological safety improvements in cars have played a key part in improving road safety. In the early 1970s there were in excess of 700 road deaths each year and I hope there will be fewer than 200 this year. Improved car technology and improved roads have played a role in that. When considering where fatalities take place, fewer collisions occur on major roads and motorways. The better the road the safer it is to drive on. As someone representing a Donegal constituency in the north west, I take this opportunity to emphasise to the Minister the importance of keeping the A5 Derry to Aughnacloy cross-Border road project on track. The road from Derry to Aughnacloy is exceptionally poor and its improvement is critical to the north west region and will have a direct impact on road safety.

In the area of public transport, I also ask the Minister to look at the Foyle ferry, which provides a service from Magilligan in County Derry to Greencastle in County Donegal. Last weekend the service stopped for the first time in many years. The service has been funded by Limavady Borough Council and Donegal County Council in recent years since the recession kicked in, in order to keep it operational. It is a true example of cross-Border co-operation but both councils are now finding it very difficult to keep it going and the service has shut down. We need to make every effort we can to get it operational again for the spring. I ask the Minister to get involved with his counterpart in Northern Ireland, and working with Limavady Borough Council and Donegal County Council to make the effort to provide a subvention to keep the ferry service going. It carried 160,000 passengers across the Foyle last year.

The 12 full-time and six part-time employees are now out of work and will need to apply for social welfare as they would find it difficult to get employment at the moment. So one way or another there will be a cost to the State as a result of the closure of that ferry. Instead of the cost to the Exchequer coming through social welfare, the Minister should liaise with his counterpart in Northern Ireland and the two local councils to ensure that public funding is provided to keep the ferry going. Keeping 160,000 crossing the Foyle and keeping the ferry service going is of great value to the local economy. It does not make sense to have those people on the dole at what would be a greater cost to the State than the cost of providing the subvention to the ferry service.

I wish the Minister well with the legislation and urge him to keep the pressure on.

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