Finian McGrath (Dublin North Central, Independent)

The DART underground was also postponed and the proposed Luas interconnector is dependent on a decision of An Bord Pleanála. That is my little whinge in this regard. I served on Dublin City Council in 1999 and it has done a great deal of work on its budgets in tough times. For example, the council completed 23 km of road surfacing last year, which was positive. Meanwhile road salt was well stocked last winter. Officials are also trying to purchase software to deal with road asset management issues. The road maintenance, design and construction departments have merged into one, which is a sensible rationalisation. The department is also moving to do a little work on local footpaths and roads. A month ago, we raised a road safety issue where I live on Charlemont Estate, Griffith Avenue, Marino, with the city manager relating to ramps. In fairness to the area manager and the staff of the city council, they had repaired all the ramps on the estate within seven days and significantly enhanced road safety. I acknowledge, therefore, that works are taking place.

The focus of the legislation is on safety but vehicle licensing and safety cannot be discussed without mentioning fuel prices. We are all getting it in the neck, particularly from small business owners, including plumbers and so on, about the impact of the cost of fuel on them. The Government needs to listen to small business people who are being hammered on the fuel issue. Fuel costs are going through the roof and some are going abroad to get fuel while criminal elements are engaged in illegal fuel smuggling, which must be addressed. The Government should listen to small business owners on the ground because they face many problems. Those who have to use vans and cars need to be listened to more. I acknowledge voices within the Government are pushing that agenda privately. They cannot highlight this publicly but we are behind them because if we are going to get out of the recession, we must support small businesses.

We all regularly whinge about the banks but I attended a good meeting in the AIB branch in Artane last Monday week. The bank manager called all small business owners in Artane and Killester and all public representatives to a meeting. We all thought 20 or 30 people would attend but when I walked in the door, almost 150 small business people were present. The good news is the bank manager said AIB was open for business and it would give loans to small businesses to support them. There are examples of good practice but we need to push banks further and hammer those sitting on the fence and doing nothing. If there are examples of good practice, whether they are in the banks, the road safety sphere or in the House, we should take them on board.

One thing that has been doing my head in over the past few days is the ranting and raving of the Minister for Health, the bully boy, who is encouraging the health police to target smoking in cars. I am a smoker and the vast majority of smokers I know would never dream of smoking in a car when accompanied by young children. Would the Minister get off the stage and stop ranting and raving about this? Most smokers are responsible; we are not lepers. We comprise 30% of the population and it is probable that 30% of Oireachtas Members smoke. It is time to get away from the nanny state, give us a break and to be sensible about this. The proposal to drive smokers off beaches and out of parks means we cannot even go outside and have a smoke for five minutes. The Minister should get off the stage, give us all a break and cop on to himself. We are all big boys and girls and we do not want to live in a society where our civil liberates are gradually being eroded. What has he planned next? Will we not be able to go out and have two or three pints on a Friday night? That is not the kind of society I want to live in. Most smokers will not smoke in cars when accompanied by children. A small minority do but that is another issue. The Minister should not label people. He should also examine the amount of tax we contribute to the State every year and have a word with the Minister for Finance about the revenue generated. He should quit hammering smokers and give us a break from the nanny state.

Speeding and the location of speed traps is a road safety issue. Some of them are in ridiculous locations and it is like shooting fish in a barrel. Speed traps should be in place on dangerous roads and easy options should not be taken, although this is a regular feature of our society. The legislation should address this issue.

Section 6(1) provides that a person cannot use a CVR vehicle in a public place without a certificate of roadworthiness. I support that because we have to do it and I referred to the road safety issues involved earlier. Section 6(2) provides for a class A fine or term of imprisonment for a person who commits an offence by contravening section 6(1). I worry about the reference to a term of imprisonment. Judges have lost their way. Non-violent and petty criminals are sentenced to six or seven years in jail while those who kill or seriously injure other people or threaten to murder them get away with a three of four year sentence. There is something radically wrong with sentencing. I do not want a motorist caught in a stupid situation to end up in prison while violent criminals walk the streets. One case in which I was personally involved recently, which I thought was a grave injustice, was the garlic tax case where Mr. Paul Begley got a sentence of six years for a scam on small businesspeople. Mr. Begley employs over 200 people. He has paid his penalties and his tax and he has paid his debt to society yet where is he as I speak? In Mountjoy. We have lost the run of ourselves. Yes, that man did wrong and should be punished but while he has paid his fines and penalties and paid his debt to society, he is languishing for six years. Some of the gangs in Limerick and Dublin have threatened people and they got two or three years. Where is the logic or justice in that?

I appeal to the Minister for Justice and Equality for common sense in our justice system. I welcome the proposals yesterday with regard to releasing people who are genuinely not a threat to society and I suggest that community service projects and other good work can be done by such people. To take the Paul Begley case, imagine if he was released tomorrow morning and sent on community service in a disadvantaged area in Dublin where he was asked to advise and support small businesses as part of his punishment. We can do sensible things within the justice system.

I raise the Paul Begley case because I feel the sentence is a grave injustice. I am not saying he should not be punished for breaking the law, which some smart alecs out there have tried to represent as my position on this issue. I raise this in the context of subsection (2), which deals with terms of imprisonment.

Section 7 refers to the power to require production of a certificate of roadworthiness to a member of the Garda Síochána, which is another measure we must ensure is put in place. I welcome the legislation and some of the major constructive proposals it contains. I urge the Minister and the Government, when implementing legislation and the laws of the land, to use common sense, whether in regard to road safety or dealing with issues in our justice system.

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