Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I thank Deputy Halligan for his comment and question. I am very happy to say hello to Christina after these questions. We can all empathise when death comes to any family under any circumstances, but it can be particularly tragic when it is caused by road accidents and specifically drunk driving. The key to reducing injuries and fatalities on our roads is to continue to change driver behaviour. It has changed from what it was 15 or 20 years ago. To this day for this year, 132 fatalities on the road have been recorded. That number is down by 30 for the same date last year. This cannot bring anybody back and those deaths create great tragedy and stress for many families.

Strides have been taken to strengthen the law. The introduction of mandatory alcohol testing has been a very effective instrument in preventing people driving in the first place when alcohol is taken. The blood alcohol content limit has been reduced, with even lower levels for learner drivers. All drivers in road traffic collisions where a serious injury occurs are now obliged to provide a preliminary breath specimen. Under the most recent road traffic Act from 2014, further measures were taken to strengthen the law, including the provision of road impairment tests. These are non-technological tests for drunkenness or intoxication. There is also the testing for intoxicants in incapacitated drivers following road traffic collisions. Furthermore, all convictions for drink-driving offences in the District Court carry a mandatory disqualification for a minimum of six months. Apart from that mandatory disqualification applying under the administrative penalty system, which only applies to drink-drivers below a certain limit and those who have not received a drink-driving fixed penalty notice within the previous three years, it is a matter for the courts to make a disqualification order which can be of any length preventing a person from validly holding a driver's licence for a period. That is a matter for the judge.

Due to the nature of the road traffic legislation and the constantly shifting circumstances, road traffic legislation is always a work in progress. The Minister has stated that because the road traffic Acts go back for many years, with many of them quite complicated and some out of date, he proposes to codify and update the road traffic legislation. That will take the sections, bits and pieces from over the years and put them into a modern law.

The Deputy mentioned Brendan's law. I am aware of the death of Brendan and his friend, Lee, and the other driver in the accident having been jailed for five years but serving a shorter sentence. He has been banned from driving for 15 years. I know what Ms Christina Donnelly is indicating when she says she would like to see a minimum sentence of six years plus a 15-year driving ban for anybody convicted of drunk driving causing death. In her case, the death was of her 24 year old son Brendan.

What Deputy Halligan raises is perfectly valid.

However, I suggest that as the Minister is ordering a review of all traffic legislation, to codify and update it to give us modern legislation, the case for Brendan's law can be debated in that context regarding whether it should become part of a reviewed and updated legislation. It is a very valid point of view, one of many valid points of view that are brought forward when this kind of situation arises. I would be happy to have it considered and will discuss it with the Minister in the context of the review of the legislation that is taking place.

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