John Halligan (Waterford, Independent) | Oireachtas source

The Minister is undoubtedly aware of the publicity generated by Christine Donnelly, a mother from Waterford who lost her son, Brendan, in 2009 at the young age of 24 years. He was tragically killed one night while travelling with another family to Cork Airport. His friend, Liam, was also killed in the collision. Both families are here today. A man was later sentenced to five years imprisonment and disqualified from driving for 15 years as a result of the crash, after admitting dangerous driving. The court heard that prior to the accident he had consumed 20 beers, vodka and Aftershock, as well as snorting a line of cocaine. Christine is campaigning for what has become known as Brendan's law, that is, a change to current drink driving legislation in order that the licence of a driver who fails a breathalyser test is set aside without prejudice once he or she is charged. Brendan's law would also provide for mandatory sentences on disqualification for drink driving and being involved in a fatal accident.

In the context of the Minister's commitment to improve road safety, is it reasonable that a driver who is involved in a fatal accident and fails a breathalyser test should be able to resume driving until the case comes before the courts? As I indicated previously, this is not the case in many countries in Europe. This is exactly what the families are seeking. I accept that the Minister cannot state he will change the law automatically, but it should be thought out and perhaps legislation might be introduced to amend the current law.

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