Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I thank the Ceann Comhairle for selecting this Topical Issue matter and I thank the Minister for attending to respond. Over recent months since becoming my party's spokesperson on justice, I have met a number of families affected by the devastating impact of negligent driving, particularly under the influence of alcohol. I am sure all Deputies in this House have come across such tragic cases. There is a responsibility on us as legislators to ensure that the legal system acts as a protector of the victims and delivers justice.

In recent weeks we have seen legal cases where the sentences handed down have been substantially less than the maximum level allowed by the law, despite the gravity of the case involved. In my home county of Limerick last week, a particularly sad case involving the deaths of a husband and wife at the hands of a drunk driver, who had almost twice the legal limit of alcohol, came to a head. The convicted man had a record of endangering the community, with a number of previous convictions for dangerous driving and speeding. He pleaded not guilty but was driving on the wrong side of the road giving the victims no chance to avoid him. The convicted man was given five years. While the maximum sentence in these cases is ten years, with remission he will probably serve only four. The six children of the victims are left without their parents and the community they lived in has been robbed of their contribution. The convicted drunk driver will lose only four years of his life.

This week I was contacted by a family in another similar case which is before the courts. It would be inappropriate for me to comment on an ongoing legal case. Suffice it to say the circumstances are equally tragic and devastating to the family involved. They are deeply concerned by the prospect of ineffectual sentencing and feel a pressing need for justice for the lost one involved.

I wish to raise three pressing issues with the Minister arising from these cases. The first is mandatory sentencing in cases of dangerous driving causing death. In this regard, today I published the Judicial Sentencing Commission Bill which aims to set clear sentencing guidelines without undue interference with judicial independence. This Bill will help ensure that sentencing will have greater stability, predictability and uniformity. This will avoid the scenes of disappointed families of victims that we have seen over the years. We will bring the Bill to Second Stage in the near future and I hope the Government will support it.

The second is to make leaving the scene of an accident an indictable offence. As it stands, leaving the scene of an accident is a summary offence. However, in the case of leaving the scene of an accident causing a fatality, it at least must be an indictable offence with a trial by jury. Fianna Fáil has drafted a road traffic Bill to deal with this issue and will put it forward to the Oireachtas in the near future. Again, I hope the Minister will treat it in an open spirit.

The third is to extend the time limits in which to test for drugs and alcohol. The existing time limits for testing for drugs and alcohol have been exposed by cases about which I have been contacted. By leaving the scene, an accused contaminates all the evidence. After three hours he or she cannot be tested for alcohol or drugs. Perhaps the Minister can explore extending these timeframes to ensure those who leave the scene of an accident do not evade full responsibility for their actions.

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