Alan Kelly (Tipperary North, Labour)

I thank the Deputies who have contributed to the debate for their views and their general support for the Bill. The large number of Deputies who contributed to the debate demonstrates the seriousness with which the House views road safety issues. All are agreed that improvements have and are being made on road safety and that the country as a whole is reaping the benefits with the reduced fatalities on our roads. There is also general agreement across the House as to the reasons for the improvement. The vehicles being driven are more safety-focused, the roads on which people drive are better and safer, initiatives such as safety cameras are in place, enforcement by the Garda has played a key part, education for existing drivers and the next generation of drivers is vital and the laws Members have passed have ensured that road users must adopt a more responsible attitude. During the debate, there also were warnings against complacency. That will not happen and will not be allowed to happen. Although we are on target for the lowest annual fatalities on record, it is sobering to consider that since the Minister introduced this Bill in the Seanad on the Tuesday before last, seven people unfortunately have died as a result of road collisions. The fight must go on and I believe the enactment of this Bill will be another positive step in making the roads safer.

I now wish to address some issues raised by various Deputies. A number of Members raised the issue of driving under the influence of drugs. To clarify, it is illegal to drive while under the influence of drugs to such an extent as to be incapable of having proper control of a vehicle. When a garda suspects a motorist is driving under the influence of any intoxicant, that garda may arrest the person. Unlike alcohol, there is no legal limit for drugs and the garda must be satisfied that a driver is under the influence to such an extent as to be incapable of having proper control of a vehicle. The Minister already has indicated he proposes to introduce stronger measures regarding impairment testing by the Garda as part of the next road traffic Bill. The Medical Bureau of Road Safety, MBRS, with the school of medicine in UCD, already has begun to train gardaí to enhance their assessment of drivers suspected of driving under the influence of drugs other than alcohol. Training commenced in April 2011, is at an advanced stage and will be completed before the impairment testing provisions come into legal effect. The MBRS is also keeping abreast of developments in Europe and across the world in respect of roadside testing for drugs. There is no feasible basis as yet in Ireland or in Europe for the introduction of a preliminary roadside test for drugs, as any testing devices are still in the prototype stages. While random drug driving testing, based on saliva specimens, is in operation in some jurisdictions, it is very limited in application. The Government is aware that drug driving is becoming an increasing problem and will not be slow to introduce feasible and workable measures to deal with the issue.

A number of other Deputies referred to the need for continuing education, particularly of young people and schoolgoers, to instil proper practices and good road behaviour at the earliest possible opportunity. I listened carefully to Members' comments in this regard. Since its establishment, the Road Safety Authority, RSA, has carried out an extensive information and education campaigns aimed at all sectors of society. The most significant activity has seen the RSA join forces with its counterpart in Northern Ireland, the Department of the Environment, to promote anti-drink driving message on an all-island basis. This has resulted in the development of the most successful and hard-hitting road safety advertisements ever to be viewed on television, North and South, and Members will be familiar with those advertisements. The RSA has also developed comprehensive integrated road safety education programmes at preschool, primary, post-primary and third levels, as well as in the community. Specifically, education resources are used in secondary schools and include tailored modules on raising awareness of drink driving issues. In recent years, the authority has also developed a transition year road safety programme which targets the next generation of drivers before they begin formal instruction. In addition to the major campaigns, the authority has also produced a suite of educational literature, including posters and leaflets that have been distributed to communities throughout the country. This distribution has been assisted by An Garda Síochána and road safety officers with local authorities.

Deputy Broughan referred to the testing of unconscious drivers. In the general scheme of the Bill which the Minister discussed with the Oireachtas joint committee, provision was made for taking a blood specimen from a driver involved in a collision who was brought to hospital in an unconscious state. In the joint committee's response to issues raised, its Chairman referred to the joint committee's concerns that this proposal might raise constitutional issues. As a result, the Department has asked the Attorney General's office to examine the proposal. I appreciate this is an issue of concern and the Department would like, if possible, to make provision for dealing satisfactorily with such occurrences. When the views of the Attorney General's office have been received, the Department will decide how best to proceed with the matter either in the next road traffic Bill or thereafter.

Some Deputies raised the issue of speed limits. The power to decide the speed limit applying to individual roads within an area rests with the relevant road authority in consultation with the Garda Commissioner and with the consent of the National Roads Authority in the case of national roads. Road safety is a major consideration in the application of speed limits and enforcement is a matter for the Garda Síochána. The then Department of Transport issued guidelines in January 2011 to all local authorities and the onus is on each local authority to take them into account with regard to the speed limits to be set for all roads in its area of responsibility. The purpose of these guidelines is to provide advice and guidance on the making of speed limit by-laws by county and city councils for the purpose of applying special speed limits. After taking the guidelines into account, it is considered best practice for local authority officials to advise the elected members of their respective councils on what should be a suitable speed limit regime for different roads in their areas of responsibility.

A number of Deputies have raised the issue of rest areas on motorways. At present, three motorway service areas are open, two on the M1 and one on the N4, and the NRA has planning approval for a further four such areas. While they are not a substitute for service areas, there are a number of parking areas along the motorways at which vehicles can be parked safely to allow drivers to take breaks or rest periods. However, this is a valid issue that must be addressed in the near future.

Deputy Farrell raised the issue of heavy goods vehicles, HGVs. It already is an offence for HGVs to use the outside lane on a three-lane motorway and on a two-lane motorway, they can only use the outside lane for overtaking and must then move into the inside lane.

A number of Deputies on all sides raised the issue of rural isolation, various other matters pertaining to rural Ireland and how this Bill will affect rural Ireland. This issue must be addressed in a wider context and the Government is committed to examining the entire issue of integrated rural transport. As the Minister of State responsible, I hope to make proposals in the near future to consider how to make better use of the transport services across the HSE, Bus Éireann, school buses and the rural transport programme with a view to advancing service provision in rural areas. The issue also will be coming up for consideration in the taxi and hackney review committee that I chair.

Deputy Healy-Rae asked about daytime running lights, DRL. After an extensive consultative process the RSA decided against making DRL compulsory. However, it is an issue that will continue to be monitored. There are several safety issues in cars and this issue will be considered over a period to determine how it can be better addressed. Deputy Durkan spoke about the age of cars. Statistics indicate that the older the vehicle, the greater chance of defects and therefore the greater danger presented on the road. Deputy Maureen O'Sullivan raised the legitimate issue of signage at bus stops for cyclists. The matter will be looked at and taken up in the Department forthwith. Deputy Harrington spoke about high-visibility vests. The Licensed Vintners Association and FBD Insurance have provided funding to the RSA for the purchase and distribution of such high-visibility vests, which we support.

Deputy Ellis spoke about response times from emergency services to collisions, particularly in remote areas. There is an action point in the current road safety strategy that requires the HSE to examine best practice and put in place a system to improve the survival, treatment and recovery of those involved in road collisions. Regular meetings of the relevant stakeholders take place to examine progress on the strategy. The next meeting is scheduled for next month. The Deputy also raised the possibility of North-South co-operation on road safety matters. Discussion is taking place at official level with the authorities in Northern Ireland, under the North-South Ministerial Council to agree a system of mutual recognition of penalty points. As a pilot scheme, it is proposed to identify a small number of offences where an appropriate level of penalty points can be applied. This is likely to take some time to conclude because the systems in both jurisdictions differ considerably.

As part of the graduated driver licensing system, my Department, with the RSA, the Garda and the Courts Service is examining the possibilities for alternative sentencing for road traffic offences. The type of penalties suggested by a number of Deputies will be considered as part of that examination. I expect the group to finalise its views before the end of the year.

Deputy Eoghan Murphy raised the issue of car clamping. The programme for Government contains a commitment to regulate the clamping industry. The Minister, Deputy Varadkar, proposes to discuss this issue with the Oireachtas joint committee soon and to publish a Bill in 2012. Deputy Hannigan and others expressed reservations about taking specimens from drivers in hospital. Taking of blood or urine in hospital is already provided for in legislation. This Bill provides that the blood or urine will be tested at the lower levels. The purpose of the provision is to ensure that all drivers, involved in collisions where death or injury has occurred, will be tested for alcohol. For a long time, drivers removed to hospital after a collision were not tested, which seems unreasonable. The blood or urine tests will only be taken when the treating doctor agrees.

A number of issues were raised that relate to important aspects of road safety but are not contemplated by this Bill. As the Minister mentioned in his opening statement, it is proposed to introduce another road traffic Bill later this year and the issues raised will be considered for inclusion at drafting stage.

The provisions in the Bill will have a very positive effect on road safety. Mandatory breath testing at the lower blood-alcohol concentration levels will ensure that all drivers, involved in serious collisions, who have exceeded these limits will not escape detection.

As we are all well aware road traffic legislation is the most challenged legislation in our courts. As a result we continually examine Road Traffic Acts to strengthen the provisions and close any perceived loopholes. The Bill makes further strides in this direction. It is our wish to have it enacted as quickly as possible so that its provisions can be commenced at an early stage. Strong legislation reduces death and injury on our roads and this Bill contributes in this regard.

I thank the Deputies for facilitating the introduction of the Bill and their contributions to the debate.

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