Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputy for raising this important issue. We have made considerable advances in improving safety on our roads in recent years. Both 2011 and last year witnessed the lowest recorded number of road fatalities on Irish roads since records began back in 1959. Indeed, last year was the seventh consecutive year that the number of road fatalities fell. However, the number of fatalities to date this year, at 32, is a matter of great concern and should strengthen our resolve not to let complacency set in.

Road traffic legislation and the enforcement of that legislation have played a significant role in our road safety success to date. Ensuring that legislation in the area of road safety is robust, proportional and reflective of the needs of policymakers remains a constant challenge. Regular reviews of existing provisions is a requirement that my Department takes seriously and, in doing so, consults a wide range of key stakeholders, both within and outside of the Department.

Road traffic legislation provides separately for the offences of drink-driving and dangerous driving causing death. Sections 4 and 5 of the Road Traffic Act 2010 provide for the specific offences as determined by the alcohol concentration in breath, blood or urine specimens and set out the maximum fine and the term of imprisonment that may be imposed by the judge hearing the case. The decision on whether to impose a fine and imprisonment is entirely at the discretion of the judge.

Separately, section 53 of the Road Traffic Act 1961 provides that where a person drives a vehicle in a public place in a manner which, having regard to all the circumstances of the case, is or is likely to be dangerous to the public, he or she commits an offence under the section. The judge hearing the case and having given regard to all the circumstances of the case, including evidence that the person was found to have a blood-alcohol concentration level in excess of the permitted levels, will take such circumstances into account when determining the penalties to be applied. In doing so and where a person is convicted on indictment of committing an offence under the section where death or serious bodily harm has been caused to another person, that person is liable to a maximum fine of €20,000 and imprisonment for a term not exceeding ten years. Once again, the level of the fine, whether imprisonment will be imposed and for how long are at the discretion of the judge.

Mandatory imprisonment in criminal cases is generally confined to the most serious of offences, such as murder and certain drug offences. In all other instances, including manslaughter, discretion must remain with the judge hearing the case so that when convicting a person and applying sanctions, recognition can be given to all the associated circumstances and a determination made that reflects those circumstances. Accordingly, I do not propose at this time to amend existing legislation to provide for mandatory imprisonment in dangerous driving cases.

Section 106 of the Road Traffic Act 1961 requires that where injury is caused or property is damaged following a road traffic collision, the driver must stop the vehicle and keep it near or at the scene of the collision for a reasonable period. The section also provides for the reporting of the collision to a member of the Garda Síochána as soon as possible thereafter in the situation where a member of the Garda does not attend the scene of the collision. Penalties, both financial and optional imprisonment on summary conviction, are also provided for.

I am finalising the road traffic Bill 2013 which I intend to introduce to the Oireachtas in the coming weeks. It is not intended to escalate the contravention of an offence under the section from a summary offence to an indictable one at this time but I am open to reconsidering that and will study the Deputy's Bill when it is published.

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