Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

Fianna Fáil broadly welcomes the Road Traffic (No. 2) Bill and will support its provisions. It will also be bringing forward amendments to strengthen road traffic legislation even further. Our amendments would crack down on hit and run drivers by introducing tougher penalties and extending the powers of arrest of gardaí. I will outline these provisions on Committee Stage. They will be in line with a Bill that I published previously and which the Minister mentioned in his opening remarks. I will happily engage with some officials in his Department at the earliest possible opportunity to try to ensure we do not go through a period of rejection rather than acceptance of the provisions. Like the Minister, I agree fully with the principle that road traffic safety is not the preserve of any one Government or party. In the past ten years this has probably been one of the areas on which all sides of the House have been able to co-operate in a manner beneficial to the country. This approach saved lives and prevented critical injury on the roads.

We can be proud of the dramatic reduction in the numbers of road deaths in the past seven years. From 2001 to 2011 the then Government introduced a road traffic policy and massively expanded the motorway network. That was supported by the main parties in opposition at the time and largely welcomed. It resulted in an almost 50% reduction in the number of deaths on the roads and this achievement was hard won by investing in first-class roads, increasing enforcement efforts and establishing the Road Safety Authority, to which the Minister gave due recognition. The past seven years have seen a continuous and sustained reduction in the numbers of deaths on the roads. The figures for the past five years point to record low fatality numbers. Ireland is now the sixth safest country in Europe in terms of road safety. That is welcome, but it is not enough and I know the Minister agrees. We must continue to update our legislative framework to ensure we continue to make significant achievements. There is still much more work to do. In 2012 there were 162 fatalities, as the Minister said. This was 162 too many. The outgoing chief executive of the Road Safety Authority, Mr. Noel Brett, stated these were not accidents and that each death could have been prevented. He was right. We need to work harder to prevent fatalities.

I recognise the tremendous work of Mr. Brett. He was a shining example of a public servant who put his job ahead of his personality. He appeared regularly before the Oireachtas Joint Committee on Transport, Tourism and Sport, of which I have been a member for seven or eight years. He had a no-nonsense approach and his challenge to Governments, regardless of hue, was inspirational and a breath of fresh air. The way in which he took on his job, advised the Government and worked in the authority played a very significant part in reaching the kinds of targets we have reached. It is often the case that public servants are subjected to the wrath of certain sections of the media and the public. Mr. Brett, however, is a shining example of somebody who did a fantastic job without fear and who did not seek favour in return. He is a significant loss to the State sector.

We should not forget that there were 485 people seriously injured in traffic accidents last year. These accidents often left people with life-shattering illnesses and injuries that had a devastating impact on them, their families, wider communities and workplaces. A reduction in the number of collisions, in addition to a reduction in the number of fatalities, must be pursued. This will be brought about only by ensuring resources are in place to enforce the current rules of the road. Roads that are not of a high standard but which have a high volume of traffic must be upgraded continually. I am not suggesting this is necessarily easy in the current climate. It is a challenge for the Minister to ensure he has the appropriate budget to continue with the care and maintenance of the road network. There always was and will continue to be a stream of funding required to remove accident black spots. The placement of speed cameras is an important part of the strategy.

There has recently been growing concern in the Road Safety Authority that the Government is wavering in its commitment to road safety. I am not concerned about the Minister and compliment him on the continuation of the bipartisan approach and bringing forward a range of measures. Fianna Fail is seriously concerned, however, that road safety is not a priority of the Government. It is not just our concern. In August the chairman of the Road Safety Authority, Mr. Gay Byrne, stated the Government, particularly the Minister for Justice and Equality, whom he singled out for particular criticism, had about as much interest in road safety as he had in snipe shooting. These words are quite telling. I read in my research that Mr. Byrne had recognised the Minister's considerable interest in road safety. He received particular support from Mr. Byrne. That is welcome from the Minister's perspective, but the challenge is trying to ensure the Department of Justice and Equality will play its part in providing the appropriate funding for An Garda Síochána to ensure an appropriate enforcement regime is in place that will ensure the legislation enacted in this House acts as a deterrent and ultimately saves lives. Many of the dramatic improvements in road safety in recent years will be set at naught or reversed unless we ensure there is no slippage in the area of enforcement.

The context of the comments made by the chairman of the Road Safety Authority is central to understanding the difficulties present as a result of Government policy in this area. Mr. Byrne was speaking in the wake of the resignation of the former chief executive of the authority, Mr. Brett, who had left the authority to take up a role with the Irish Banking Federation. While Mr. Brett did not want to be drawn on the reasons for his departure, he did say he was looking forward to getting away from some of the frustrations, as he put it, within the public sector. He singled out employment control as one of the frustrations. I do not want to second-guess the areas about which Mr. Brett was talking but must state he alluded, both at committee meetings and in other fora, to the necessity of maintaining a rigorous approach to enforcement. I can only assume that when he was talking about employment controls, he was talking about the continued reduction in Garda numbers that had been countenanced and put into effect by the Minister for Justice and Equality.

It is not just about the necessity of having adequate Garda numbers. It is often the case that Government representatives will make the argument that it is not possible to have a garda on every corner when a crime is committed and that is a given. The Minister for Justice and Equality talks a lot about smart policing in the context of gardaí patrolling rural areas. I have my own views on that issue and do not believe it is appropriate. It certainly has the potential to be very telling in the context of deaths on the roads.

I do not want to over-emphasise the fact that there has been an increase in the number of deaths on the roads. However, it must be set against the backdrop of a very considerable reduction in economic activity and a significant reduction in the population as a result of forced emigration, yet, as the Minister said, to date 145 people have been killed on the roads this year, an increase of 18. By 12 August 118 people had been killed, an increase of seven on the same period last year. While there was an increase in the first six or seven months of the year, the rate of increase is continuing and that is what is particularly worrying. I will always accept that there can be one-off blips on a monthly basis. One multiple vehicle crash resulting in the deaths of five, six or seven people is, for want of a better term, an aberration across the statistical gamut. However, the fact that the increase has been continuing from August as we move into October is worrying, particularly when set against the backdrop of reduced economic activity, fewer people socialising, fewer young people with vehicles on the road and so forth. There is a significant lesson to be learned from what the chairman of the RSA, Mr. Byrne, said and the comments of Mr. Brett. While their comments were not directed at the Minister for Transport, Tourism and Sport, he does have a challenge at the Cabinet table to ensure the Minister for Justice and Equality, Deputy Alan Shatter. is a partner with him from a road safety perspective and that the latter does not just devolve his responsibility to the Garda Commissioner. The standard reply that the Minister for Justice and Equality will always give is that it is an operational matter for An Garda Síochána to determine how it will invest its resources. A targeted approach is needed if we are not to see a further increase in the number of road deaths. It is clear from the comments of both Mr. Brett and Mr. Byrne that there was a deep fracture in Government relations with the RSA and, in particular, the Department of Justice and Equality. The departure of Mr. Brett was seen as a blow both to the RSA and the Government's road safety policy overall. He was deemed to be an excellent chief executive who had proven results in delivering impressively on road safety targets during his tenure at the RSA. He was instrumental in guiding the RSA from its establishment in 2006, through its formative years to a point where it is now held in the highest regard, not just in Ireland but also internationally. Perhaps the Minister for Transport, Tourism and Sport might outline what exactly brought about this unfortunate situation in the RSA, why, in his opinion, the RSA lost its chief executive and what actions the Government is taking to ensure the replacement for Mr. Brett will not find himself or herself in the same position.

Of even more concern was the chairman of the RSA's subsequent comment that due to the Government's disengagement from road safety and a lack of commitment of resources, the fear was that all of the progress the people had made in recent years might unravel. That is the genesis of my concerns, too. Worryingly, he went on to state the level of enforcement was way down. If that is borne out, the Minister's good work and that of his Department will ultimately be for naught.

Fianna Fáil demands that the Government allocate the resources necessary to ensure this legislation and all other road safety legislation will be enforced. To do otherwise would make a mockery of this legislation and the Government's commitment to road safety. The Minister must take personal responsibility for the charge that the Government has disengaged from road safety enforcement. The RSA falls within the Minister's remit and while I do not for one minute suggest the comments of Mr. Byrne are in any way directed at him, responsibility for road safety falls to him. There is no point in us passing new legislation in this House if the Government is not going to provide the resources to enforce it. The Minister must commit to backing up his legislative proposals with the money necessary to enforce that legislation. That is particularly a requirement of the Department of Justice and Equality.

As I said, Fianna Fáil fully supports the measures in the Bill. The main proposal about which the Minister spoke on the licensing side, one of the most important provisions in the Bill, is the introduction of the novice category of driver. This category will apply to all drivers during their first two years after qualifying for a full driving licence. A novice driver must display N-plates on his or her car. That has been a problem in other jurisdictions where some young people find it an inconvenience or a burden. It can negatively impact on the ego of some young drivers which makes enforcement of this provision particularly important. Novice and learner drivers will face a lower penalty point disqualification threshold, at 6 points instead of 12, which is appropriate and will I hope help to ensure the initial phase of a young driver's graduation towards being a mature driver will be safer. It is during the formative years of driving that we all develop our driving habits, whether good or bad. If the proper structure is in place, we can ensure that as drivers come into the system, they have the appropriate skills and learned them to the extent required. Learner drivers will also have to record a minimum amount of accompanied driving before taking the driving test. The Minister outlined the reasons behind this provision.

The Bill introduces a number of new penalty point offences, including a failure to display an N-plate and an L-plate. So long as that is enforced, I will be pleased. Other penalty point offences are also introduced relating to proceeding beyond maximum vehicle length, width or weight signs where that length, width or weight

exceeds the maximum displayed, which is very important.

I raised an issue with the Minister during the debate on one of the first Bills to be enacted by this Dáil and I am pleased to see it included in this Bill. The Bill will empower members of An Garda Síochána to require people in charge of a car in a public place to undergo intoxication impairment testing. These tests will include non-technology-based cognitive tests such as walking in a straight line or tipping one's nose. The results of these tests may be used in evidence in support of the Garda forming an opinion that the person is intoxicated. That is important in dealing with the challenges that continue to be made against road safety legislation. It will be an offence to fail to comply with a request to undergo this testing and a power of arrest will also be granted where there is a failure to comply.

The Bill addresses another issue which I raised with the Minister previously in that it will allow for the first time the taking, subject to medical approval, of a specimen of blood from an incapacitated or unconscious person following a road traffic collision involving death or injury. It is important that the procedures carried out are highly prescriptive to ensure no abuse of this provision takes place. Having said that, it is an important provision and one which Fianna Fáil raised with the Minister previously. I know that a group of concerned parents whose loved ones have been killed on the roads were adamant that a provision like this would be brought forward.

In May 2013 Fianna Fáil published a Bill to crack down on hit and run drivers by introducing tougher penalties and extending the powers of arrest of the Garda. I did this at the time based on conversations I had had with the family of the late Shane O'Farrell, a young man who sadly had lost his life while cycling in Monaghan. While I do not want to get into the outcome of that case, it would be fair to say it was less than satisfactory from the point of view of his parents, siblings and wider society. I tried in that Bill to take into consideration the concerns of the family and the wider concerns of popular and public opinion to reflect the appropriate way to deal with such circumstances. The O'Farrell case informed that Bill, as did other issues and cases that had been brought to my attention. Under the Bill, Fianna Fáil proposed that it would be an indictable offence for anyone to leave the scene of an accident resulting in injury. The offence would carry a punishment of up to ten years imprisonment and-or a fine of up to €5,000. The Bill also would have significantly increased the Garda's powers of arrest in any hit and run incident, extending the time available to test offenders for drugs and alcohol from three hours to 24 after the accident, based on the successful Canadian model in tackling the issue. I know there are issues around the timing and extent to which the chemicals remain in a person's body. We looked at the Canadian model and considered it provided an appropriate methodology for dealing with it. I would be happy to engage with departmental officials on this issue before tabling amendments on Committee Stage to strengthen the legislation.

Fianna Fáil fully supports these provisions and believes they will have a positive impact on road safety. However, the Government has failed to provide the resources necessary to ensure the progress made in recent years is safeguarded. The Minister has been open and willing to engage with the committee on the heads of the Bill. His approach has been transparent and forthright in this regard. Last month the transport committee heard from the chairperson designate of Dún Laoghaire Harbour Company who is an exemplary character with a wonderful vision for the development of the harbour. I asked why someone of her calibre would allow her name to go forward when one considered the flak and grief such persons take. While there has been a greater effort to engage chairpersons designate of semi-State bodies in the political process by bringing them before committees, it is still abused to make political points and score cheap shots. The same will apply to replacement appointments to the Road Safety Authority and other State boards. This over-politicisation of appointments discourages those whom we really want from taking up these positions. As long as I am transport spokesperson for Fianna Fáil, I will not engage in that kind of behaviour. It is neither appropriate nor acceptable and does not do public service any good. If a chairperson designate has a political affiliation similar to that of the Minister, it should not preclude him or her from taking up the position. I hope the Minister continues the approach he has taken in his efforts to save lives on the road.

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