Damien English (Meath West, Fine Gael) | Oireachtas source

I am here to respond to the issue the Deputy raised which was the urgent need for the Minister for Transport, Tourism and Sport to bring forward consolidated road traffic legislation before the end of the Government's term given the recent revelations. That is the issue the Deputy raised and that is the issue I am responding to. I apologise on behalf of the Minister who could not make it here this evening. The Deputy knows that the nature of his office means it is not always possible to change his diary and attend here. I have no doubt that he would like to be here. I record that it is not in the nature of the Minister, Deputy Donohoe, to mislead the Dáil. I have no doubt that he will address the issue the Deputy raised there because it is not in his nature. The Deputy knows the man well and that it is not something he does. The Deputy will be willing to admit that.

We are currently working on a road traffic Bill 2015 with the intention of enacting it before the end of the year. It is being drafted by the Office of the Parliamentary Counsel at present. This is the current priority in road traffic legislation and will be dealt with before consolidation can begin. The principal focus of the Bill is on measures to address driving under the influence of drugs. The new provisions will enable gardaí to conduct roadside tests for the presence of drugs, make the presence of certain specified drugs while driving an offence, and provide for tougher penalties for those driving under the influence of multiple drugs, or drugs in combination with alcohol. The Bill will also include measures to ensure mutual recognition of driver disqualifications between Ireland and the UK and create an option for road authorities to introduce a 20 km/h speed limit in built-up areas. After the passage of the 2015 Bill, the Department will begin examining the process of consolidation, which is the issue the Deputy has raised. This will, as a first step, involve a scoping exercise to estimate what is necessary, how much time will be required, and what resources will need to be allocated to the project.

Road traffic legislation in Ireland is based on the Road Traffic Act 1961. This has been amended numerous times. There have been 15 Road Traffic Acts since that of 1961. There have also been other Acts which have made material changes to road traffic law including the Local Authorities (Traffic Wardens) Act 1975, the Dublin Transport Authority (Dissolution) Act 1987, the Taxi Regulation Act 2003, the Road Traffic and Transport Act 2006, the Road Safety Authority Act 2006, and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012. There has been widespread agreement for some time that the legislation in this area has become extremely complex and is in need of consolidation. That is exactly what the Deputy is raising tonight and we all agree with him. Certainly, the Department agrees. We are committed as a Government to doing this. However, this is not a short-term project. It cannot be completed in a couple of months. As someone who was involved in the Companies Act consolidation process, I note that it is a lengthy process if it is to be done right. Consolidation will require more than passage of the legislation as it currently stands in a single Act. It will entail careful review of the legislation being consolidated in order to identify points where it can be clarified, simplified and improved. Consolidation will lead to much stronger legislation.

A project of this kind will require time and resources, and will take a number of years. This, for example, has been the case with the Companies Acts and the Finance Acts previously.

None the less, as these precedents have shown and as I can attest to, having been a part of that process, it is worth doing. It is worth taking the time to get it right as such a consolidation can be expected to be the basis of road traffic law for many decades to come.

While consolidation will be a major step forward, we need to be realistic and remember that it will not solve every problem. Road traffic legislation is perhaps the most frequently contested legislation in the land and is likely to remain so. This is only right as people are entitled to challenge the law in the courts and it is the proper constitutional role of the courts to interpret legislation. We should be aware that consolidation, while it should simplify and improve matters, will not bring an end to this process. However, it will help outcomes.

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