Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

There is a particular heartbreak to the family that is awoken by a late night knock on the door to inform them a family member was the victim of a hit-and-run incident. The flashing blue lights on a dark road lighting up the carnage of a collision are a grim sight for any loved one to bear. The shock and horror of such fatal road accidents have haunted innumerable families across Ireland. After the media reports disappear and funerals fade away, they are left with the searing memory of abrupt loss.

This type of tragedy is rendered all the more devastating by the knowledge that perhaps their loved one could have been saved or that they spent their last moments alone. There is a unique grief wrought by the fact that a son or daughter, brother or sister, mother or father was the victim of a hit-and-run incident where, regardless of the fault involved, the driver compounded one mistake with an even worse response.

The Road Traffic Bill 2013, published last May, aims to build on the work done so far to make roads safer over the past 15 years. It specifically enhances the deterrent measures available to the judicial system to send out a clear and unambiguous message that leaving the scene of an accident is completely and utterly unacceptable, is a serious crime and will receive the appropriate punishment on conviction. In conjunction with this, the Bill also strengthens the capacity of the Garda to test for alcohol or drug abuse over an expanded 24-hour period to ensure individuals suspected of being involved with a hit-and-run accident do not evade justice. The Bill's overarching aim is to tackle hit-and-run incidents directly and make the roads safer for all users.

Significant progress has already been achieved in this aim since successive Governments, with all-party consensus, first began vigorously to pursue a strategic approach to road safety in 1998. Between 1997 and 2012, roads deaths are down by 65.7%. Ireland is now the fifth safest country in the European Union for road collision fatalities per million of population. This achievement may be set against an increase of 66% in the number of cars on the road over that same timeframe. Steps forward in the area are a testament to the vastly improved legal sanctions, alcohol testing and the commitment of the Garda and the Road Safety Authority under the auspices of government policy targeting the area.

However, the creeping rise in road deaths this year, even before we move into the Christmas period which is fraught with danger, is a stark reminder of the persistent menace on routes across Ireland. We have already seen a greater number of road deaths than last year, marking a reversal in the consistent decline in fatalities over the past several years. It is too early at this stage to read anything fundamental into those statistics. It informs us, however, that we must keep up our efforts in reviewing road safety legislation and strategy, keeping it at the forefront of the public’s mind. There is also a necessity to ensure the appropriate level of Garda surveillance and resources to ensure this progress is not allowed to deteriorate.

This Bill is a measure to help restore momentum in challenging the traumatic impact that road accidents inflict on grieving families and to ensure the vital arteries that connect the nation are as safe as possible. It is designed to help ensure those families who have had their loved ones cruelly taken from them, can draw some comfort in the knowledge that steps are being taken to ensure other families do not have to share that deep sense of loss. In particular, I pay tribute to the O'Farrell family from County Monaghan who have worked towards legislative provisions to draw a line under hit-and-run incidents. The tragic story of Shane O'Farrell, a talented young law student who died in a hit-and-run incident, shines a sharp spotlight on the need to tighten the legal framework in the area. I hope after their sad experience, as well as that of other families affected, they can take some comfort in knowing that something positive may come from their collective loss.

The first Part ensures this offence will carry a punishment of up to ten years imprisonment and-or a fine of up to €5,000. That is up from the current maximum jail sentence of six months. These measures are drawn from similar provisions in Canadian and Australian legislation. Removing this offence from being considered a summary offence is an important part in setting the tone on this matter.

The second Part deals with the powers of the Garda to test suspected offenders for drink and drugs. The Garda only has three hours to find the alleged offenders and test them for drugs and alcohol. This Bill extends that period to 24 hours, giving the Garda far more scope to track down those involved, test for intoxicating substances and ensure the appropriate charges are brought forward.

Fianna Fáil welcomes the Government's decision signalled at Cabinet this week to accept the first Part. It is a victory for constructive politics and we look forward to working with the Minister for Transport, Tourism and Sport, Deputy Varadkar, on strengthening the legislation. I understand the Government will put forward section 2 as an amendment to the Road Traffic Amendment Bill (No. 2) on Committee Stage in the coming months and we can co-operate on strengthening it at that point.

This section deals with making leaving the scene of an accident causing bodily harm, a hit-and-run, an indictable offence. An indictable offence is a more serious legal issue than a summary offence. Indictable offences are those which may or must be tried on indictment before a judge and jury, namely in the Circuit Court or the Central Criminal Court. It proposes to amend section 106 of the Road Traffic Acts 1961 and 2006. Under current legislation, there is a six-month maximum sentence for individuals who leave the scene of an accident and it is considered to be only a summary offence. In light of the devastating repercussions it can have on victims of such incidents, it is absolutely critical that strong deterrent measures are put in place to underline the gravity of these crimes. The lives of innocent people are at stake.

The Bill imposes enhanced punishments on those offenders who leave the scene of an accident where somebody has been injured. Instead of the miniscule six-month sentence, we advocate a ten-year maximum sentence in the case of accidents causing death and a seven-year sentence in cases of serious injury. The ten-year sentence for leaving the scene of an accident where a death has occurred would, of course, be in addition to the current maximum ten-year sentence for dangerous driving causing death as applicable.

The Bill recognises the devastating impact that such accidents have on the families affected and sends out a clear, unambiguous message to drivers that they are obliged to stay at the scene of an accident. The current law also incentivises people who may be inebriated or abusing substances to leave the scene to avoid the harsher consequences of drunk or drug driving. These measures change that by heightening the punishment.

Accidents happen and there may be no intoxicant present. Sadly, because of the way the law is framed, people often feel it is better to leave the scene with no regard to the individual who is left to die on the roadside. It is important we address this without delay.

These provisions are based on international best practice as exhibited in Canada. It is primarily drawn from the even more stringent section 252 of the Canadian Criminal Code. Our Bill is adjusted in light of the demands of Irish law. The Canadian Criminal Code states that a person who fails to stop at the scene of accident involving bodily harm is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. In the case of failure to stop at the scene of an accident involving bodily harm or death, a person is guilty of an indictable offence and liable to imprisonment for life.

Clearly, the Canadians take this issue far more seriously than many of our European colleagues and we can learn a lot from the way in which Canada has developed its legislative code. The provisions are also drawn from the Crimes Amendment (Roads Accidents) Act 2005 in Australia, which is also known as "Brendan's law". This legislation introduces a similar ten year maximum sentence for hit and run incidents causing death and a seven year sentence for hit and run incidents causing serious injury.

The second part of the Bill which I understand has not been accepted by the Government based on what we have read would expand the amount of time available to the Garda to test suspects for alcohol and drug use from three hours to 24 after an accident. This part of the Bill seeks to amends section 12 of the Road Traffic Act 1994 and section 2 of the Road Traffic Act 2011. This significant expansion of the ability of the Garda to test suspects would further discourage drivers from leaving the scene of an accident. By allowing the test results to be submitted as admissible evidence, it would enable the jury to decide whether the substance had been taken before or after the accident in the context of the trial. Currently, drivers can simply drive away from the scene of an accident and evade testing after just three hours. This allows serious offences to be avoided by reckless drivers. In the state of Illinois, for example, this period is significantly longer, with an 12 hour testing period. The Bill aims to expand it to 24 hours and allow the test results as admissible evidence in court. This would enable the judge and jury to decide on whether the evidence was justifiable on the balance of probabilities. This would involve weighing up the likely rate of alcohol processing by the individual based on weight, metabolism, etc. This measure would only be applicable in serious cases where a hit and run accident had occurred rather than other road offences. I trust the Minister will view this aspect of the Bill in the same co-operative spirit with which he has approached the first half of the legislation.

The Bill is ultimately about giving the victims of hit and run incidents a fighting chance for survival by sending a clear message that a motorist cannot leave the scene of an accident. It underlines that hit and run incidents are serious crimes and sends that message to all motorists. I trust that it would offer some hope to families who have endured grievous loss and help to ensure other families are spared the same unfortunate experience in the future. I hope we can all come together in this House on this legislation and that it will be accepted in its entirety by the Government in a manner that seeks to address fatalities on the roads. It would be another significant step towards ensuring this country will ultimately be recognised as the safest country in Europe in which to drive. We still have some work to do and if we continue with the same level of co-operation, effort and work between the Department of Transport, Tourism and Sport; the Road Safety Authority and the Garda, we can achieve these targets ahead of the strategy dates set out in the work programme. I appeal to all Members of the House to consider supporting this legislation and look forward to hearing what the Minister and other Members have to say about it.

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