Michael Healy-Rae (Kerry South, Independent)

I thank the Technical Group for allowing me some of its time and thank the staff in the Whip's office for their contribution to the 31st Dáil. I acknowledge the presence of the Minister and thank him for some of the work he is doing, particularly on the issue of rural transport. He has a good understanding of needs in rural areas, which I appreciate.

Everyone is entitled to his or her own opinion of the Bill and anyone who has looked at it in detail will see there are aspects that are okay. I make it clear that I am 100% committed to helping and ensuring the number of deaths on the roads is continuously reduced. We must, however, be careful because the devil is in the detail. What are we doing in the Bill? Already, those who use the roads in commercial or private vehicles have them tested. We must go through strict measures to ensure vehicles are roadworthy. At the end of the day, however, accidents will happen. If one studies the Bill, one would believe the cause of all accidents on the roads is the state of vehicles. There are certain things that cannot be legislated for such as driver behaviour, fatigue, weather conditions and other issues that arise that cause accidents.

I want to speak up for haulage contractors and those building contractors who have vans. It might be one man with his own van going to work every day, creating a job for himself. The mantra of the Government since entering office has been that it wants to provide for creation of jobs. I ask it to ensure those who have jobs keep them. Anyone in the country who has one truck or a fleet of trucks is under extreme pressure. He or she is trying to keep them on the road. Fuel is acutely expensive - the price has doubled in the last few years - and there are ever increasing ancillary costs involved in transport. The people concerned are trying to keep themselves and others in employment, while continuing to move the materials we need around the country. The detail of the Bill, however, will make it more and more difficult for them to stay on the road.

Provisions like the one in the Bill that will provide for a new licensing system for test centres and authorised testers, as well as greater powers of enforcement through targeted roadside inspections and inspections of commercial operators' premises, treats people as if they are criminals. The Government must appreciate that the vast majority of hauliers and those involved in the transport sector are highly respectable. I never criticise the remarks of other Deputies because they have been elected just like me and are entitled to their opinions, but I heard someone refer yesterday to "dodgy transport providers". Who, in the name of God, was that individual talking about? I certainly do not know any "dodgy transport providers". The individuals I know are respectable business people, contractors who are trying to make a living.

There are other issues to be addressed in the Bill. Under the regulations providing for roadside roadworthiness testing of CVR vehicles, the inspectors who will carry out the inspections will have the power to take the vehicle for a drive and remove it to a centre for inspection.

Section 34(3) provides that there will be no liability in respect of anything done in good faith and without negligence by a CVR inspector. I presume this means that if an inspector insists on having a vehicle driven away or if he takes it on himself to drive it away and if it is involved in an accident, he will not be held responsible. The legislation indicates that those who will serve as CVR inspectors cannot previously have been convicted of murder. What qualifications will these individuals be expected to possess? If an inspector was about to jump into a commercial vehicle or lorry I owned, the first thing I would do would be to ask him where he served his time and I would then inquire as to the qualifications he possesses which permit him to test the vehicle.

Section 34 (1)(a) provides that where a CVR inspector is a member of An Garda Síochána or is accompanied by a member of An Garda Síochána, powers are being provided to stop a vehicle and keep it stationary for a period that is reasonable for the purposes of carrying out an inspection under section 32. Such a vehicle would have already passed an inspection under the existing rules and regulations. It is proposed that innocent people who are trying to make a living are going to be stopped at the side of the road. This is another layer of bureaucracy that will cause more hardship and impose even more expense on those who are already struggling to survive. Under section 41, people who are currently struggling to fill their vehicles' tanks with diesel will, on conviction on indictment, be liable to fines not exceeding €100,000 or to imprisonment for a term not exceeding 12 months or both.

The report by PricewaterhouseCoopers, PwC, found that testing standards are not applied uniformly throughout the country and that the current system has considerable administrative inefficiencies. I completely disagree with these findings, which are an insult to the people responsible for testing commercial vehicles up to now. Those who currently work in the test centres are well qualified and I respect the work they have been doing. It is an insult to infer that in the past these individuals have not done their job properly. What is being stated in this regard is wrong.

The explanatory memorandum to the Bill states that the driver licensing system should be modernised through centralising the function in one authority. I thought we would have learned our lesson in this regard. In that context, I wish to draw an analogy with what occurred in respect of the medical card system. Medical cards used to be processed at centres throughout the country. This was a local service that was working well and there was nothing wrong with it. In their infinite wisdom, the previous and current Government thought it would be a good idea to centralise the entire system in Dublin. Since then there has been nothing but chaos. People have been obliged to wait months for their cards and documentation sent by post and information relating to people's applications have been lost. Is it the intention that the service provided by local authorities in respect of the issuing of driving licences is not good enough and that centralising the system will improve matters? History will show that what is being done in this regard is wrong. I am of the view that local services are better because it is possible to engage directly with those who provide such services. In time, the decision in this regard will be proven to have been both poor and unwise. It is amazing that so many Members have been prepared to come before the House to warmly welcome that decision. Deputy Mattie McGrath certainly did not welcome it and he highlighted many of the problems and issues that arise in respect of it.

The explanatory memorandum indicates that the overall objective of the legislation is to improve the quality of commercial vehicles using Irish roads and thereby help improve road safety, reduce congestion and ensure fair competition. Are those in the Department of the view that each day roadsides are littered with vehicles that have broken down? It is now the exception rather than the rule to come across a vehicle that has broken down. I accept, however, that commercial vehicles can break down. Anything with an engine can break down and even people can do so. Given the state of some of our roads, vehicles can break down in tunnels and elsewhere and this can give rise to a great deal of upset and chaos for a short period. However, instances of this nature are the exception rather than the rule. It is nonsense to state that what is proposed in the legislation is going to reduce congestion. If the Government wants to reduce congestion, it should carry out improvements to more of our roads. I have no difficulty with the introduction of the plastic card driving licence.

The explanatory memorandum also indicates that "A partial adoption of the measures would not reap the financial and safety benefits that are expected". Why are we seeking to obtain a financial advantage on foot of this legislation? Are motorists not incurring enough costs at present in the context of keeping their vehicles on the road? The Government appears intent on raising an additional €4.5 million from these hard-pressed motorists.

When the motorway from Dublin to Cork was built, the Road Safety Authority had been already established. Why in heaven's name did it not, in the interests of safety, ensure a proper filling station was in place along the route in order that lorry drivers and others using it could pull in, refuel, have a cup of tea or coffee and a sandwich, have a rest and then recommence their journeys? It was only due to a massive investment on the part of the highly-respected Liam and Donal Fitzpatrick and their family that a state-of-the-art service station was put in place at junction 14 on the Dublin-Cork motorway. They did not receive support from the Road Safety Authority, the National Roads Authority or any other body in respect of this matter. The Fitzpatricks did all the work themselves and they are now providing an excellent service for those who wish to stop en route. The Road Safety Authority was, to coin a phrase, asleep at the wheel when the motorway to which I refer was being constructed. The authority should have foreseen the need for a services area when the project was being developed.

The explanatory memorandum to the Bill states:

It has been estimated that 208 full time equivalent staff in MTOs are involved in dealing with driver licences across the country. Proceeding with the centralised model will have implications for staff numbers. The new arrangement would require considerably less staff to operate. On the face of it, therefore, a significant number of staff in local authorities will be available for redeployment within the system when the necessary numbers transfer to the centralised model.

What the memorandum does not indicate, however, is what will happen when those to whom it refers retire. Will the local authorities employ replacements for them? I am of the view that they will not do so. The authorities will indicate that such staff are not needed because the service has been centralised. Is it not the case that local authorities have lost enough already? Responsibility for water services is to be transferred to Irish Water and many of them are, in a way, losing their housing sections. Now, the system for issuing driving licences is to be taken from them. There is a continuing process of undermining the local authorities, which have done excellent work over the years and the staff of which have given great service to the State. The number of people working for local authorities will continue to decrease and that is being admitted in the explanatory memorandum.

In the event that anyone might form the view that, in the context of my contribution to the debate on this Bill, I have a disregard for safety, I wish to put matters straight. I occupy a very strong position when it comes to discussing road safety. Some 21 years ago I was involved in a serious road accident. I spent four and a half years in rehabilitation. At one point I thought that I would never walk properly again. I am glad I survived my accident. It saddens me to think of those who were involved in accidents and who did not survive. We are doing our part for road safety but one has to ensure we do not put our hauliers off the road. Haulage companies from England - one sees them on the roads every day - are coming here to compete with Irish companies and they are beating them because of the massive expenses our hauliers suffer. Do we want these indigenous companies that are giving employment to be forced off the roads and their workers put on the dole queues? I do not want this to happen.

This Bill, I believe, goes too far. It is not as though there is no regulation in place already. It is not as though people can drive a lorry without having it properly tested between the MOTs and the DOEs and all the other different tests, along with the Garda enforcing the rules of the road. In introducing this Bill, are we saying the Garda is not doing its job in this area? Are we insinuating the delivery of service in testing the vehicles was not up to standard because it was not uniform? Are we proposing to centralise all testing facilities in Dublin, Limerick and Cork resulting in those needing to get agricultural or commercial vehicles tested having to travel many miles? We are going too far with the legislation.

The Road Safety Authority, RSA, is praised for the work it has done so far. If its work has saved one life, off course it should be commended. However, one must also highlight some of the effects of changes in road safety regulations made over the past several years. For example, a person travelling to a local pub, having a pint and driving home after that is now out of the question and not to be heard of. Instead, we now have a massive social problem in that people in rural areas are staying at home and suffering from depression as a result of some of the rules introduced in road safety in recent years. I am glad to have had the chance to register my concerns about this.

We have people who have worked very hard to build up small haulage businesses. They might not be creating many jobs, some times only one, but that is the backbone of Ireland - the man and woman in such a small business who create one job for themselves and probably another for a family member or a neighbour. They are the people this Government should nurture and support. Last week, I was very disappointed there was not more of a favourable response to the Private Members' Bill to reduce fuel prices. Fuel is now at a ridiculous price. How many Deputies realise that it costs €1,475 to fill an average articulated lorry with fuel today? If it were only half that price, €700, it would be a lot of money that could assist those small haulage companies. These people are already struggling with the high costs of taxing their vehicles, tyres, wages and insurance. The Government's mantra is about creating new jobs. Will it do everything it can to keep those working in this industry in employment and not legislate them off the road?

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