John Halligan (Waterford, Independent) | Oireachtas source

Drink and drug-driving prosecutions are perhaps the most challenged legislation in our courts. Just yesterday, the relevant Minister, Deputy Donohoe, acknowledged to the Road Safety Authority that the laws are full of loopholes. Of the motorists before the District Court for drink-driving - we should bear in mind this only happens after they are tested positive for being over the alcohol limit using breath, blood or urine tests - an estimated five out of ten people escape conviction. Even if a driver is convicted, there is only a one in five chance he or she will have the licence number recorded by the court, potentially allowing the person to continue driving when a court has ordered that he or she should not. I acknowledge that these figures may be an overestimation but the fact remains that some people believe that technicalities and loopholes in the law, as well as finite Garda resources, mean that drink and drug-driving convictions can be avoided and they are no big deal.

These convictions are a big deal to many families, some of whom are here today. Ms Christina Donnelly is in the Gallery today and for her and her son, these convictions would be a devastatingly big deal. Christina's son Brendan and his friend Lee lost their lives when the car in which they were travelling was struck by a drunk driver. The driver, who fled the scene, was subsequently found guilty of dangerous driving causing their deaths, serving three years and eight months in prison. Brendan was 24 when he died. The lives of all his family were torn apart that day and they are struggling since to come to terms with the devastating loss. Kate Flynn, who was to be here today, suffers five epileptic fits per day as a result of that accident. She is now undergoing surgery. Otherwise she would have been here today. Deputy Finian McGrath told me of Lucy O'Farrell whose son was also killed by a drunk driver.

I know the Taoiseach is meeting the family later and we are very grateful for that. Christina Donnelly has dedicated her life to road safety and is here today seeking the Taoiseach's support for the implementation of Brendan's law. Under that law, drivers involved in fatal accidents who fail a breath test would have their licence automatically suspended until the court appearance. Christina also believes that people found guilty of causing death while drunk or on drugs should serve a six-year jail term, with no discounts for good behaviour and mandatory disqualification from driving for up to 25 years. What she is proposing is not unreasonable since in several other jurisdictions, a licence would be seized instantly if a motorist is found to be over the legal limit. If a drunk driver causes serious injury or death, the licence would sometimes be suspended for life in some jurisdictions. On Ms Donnelly's behalf and that of the many other families, some of whom could not be here today, I ask for the Taoiseach's support for Brendan's law. Many people are watching on televisions throughout the country.

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