Dáil debates

Wednesday, 28 September 2016

Road Traffic Bill 2016 [Seanad]: Second Stage (Resumed)

 

8:10 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

I am sharing time with Deputy McDonald.

This Bill is a welcome addition to the work of the House because it tidies up a number of issues that have long been outstanding. These issues have been raised by Sinn Féin and others for many years. I wish to speak primarily about the provision relating to driving under the influence of drugs but I would first like to address the mutual recognition of driving disqualifications between Ireland and Britain. The inclusion of this in the Bill is to address the British Government's opting out of the jurisdiction of the Court of Justice of the European Union, CJEU, so the mutual recognition of disqualifications can continue. We should have expanded on this mutual recognition, especially in regard to the all-Ireland economy, as there is a raft of issues in respect of which consistency between the North and South is very important. Such issues include speed limits, signage, penalty points, haulage laws and other safety measures. This harmonisation is not only essential but simply common sense. It would make our roads safer and go part of the way towards easing financial insecurity for commercial, private and regulatory bodies in a post-Brexit Ireland.

With regard to road safety, I welcome the idea of drug tests and the plans outlined by the Ministers. I have a few questions on the mechanics of drug testing. It is very evident when someone who has consumed alcohol is over the limit. One can see the physical effects of some drugs very easily but this is not the case with certain other substances. Some do not stay in a person's system for very long.

In reply to a question I asked during a debate on the general scheme of the Road Traffic Bill 2015 at a meeting of the Joint Committee on Transport and Communications, Professor Denis Cusack stated on behalf of the Medical Bureau of Road Safety that this is a complex area because drugs fall into different classes. He referred to sedative-like, hallucinogen-like and stimulant-like drugs. These are different family types. The active components of some remain in the body only for short periods while others can last much longer. Therefore, each must be taken on its own merit. Is this why we have classified in this Bill only a number of drugs to be tested? The study stated that the most common drugs for which Irish drivers test positive are cannabis and benzodiazepines, known as "benzos". This Bill stipulates the three in respect of which people will be tested, namely, cannabis, heroin and cocaine, but there are other dangerous drugs. English police can test for drugs such as lorazepam, methadone, morphine, methamphetamine and others. The Minister has not included these. There might be little evidence for people driving under the influence of these drugs but if their classification saved one life, it would be worth considering. Could the Minister examine this in light of what we are attempting to do?

We can pass the best laws and have all the legislative power available to prosecute wrongdoers but, in the absence of proper resources, the law can be ignored. The problem arises in policing. Our roads are not just safer because of a system of penalty points or laws but because of the diligent and dedicated work of the Garda, which is tasked with ensuring the laws are obeyed on the road every day. It is difficult to see how the Garda can implement these laws when its resources and supports have been savagely cut by the Government. We are seeing stations close or shut their doors earlier and there are cuts across the board to the operational capacity of the Garda. This seriously draws into question whether these laws can be fully enforced, despite the Garda's best efforts. Therefore, it is important that the drive for road safety does not just stop when this Bill is passed; it should be in the Government's thinking when allocating resources to the Garda.

Jake's law, in respect of which Deputy McDonald and I introduced a Bill a short time ago, was shot down by the Minister's predecessor. I am glad the current Minister has taken on board and is allowing local authorities the option of imposing 20 km/h speed limits in housing estates. That is a victory for common sense. I praise Jake's mother for the work she has done on pushing this. She was a Trojan worker in getting this message across. Her work was very worthwhile.

A key to stopping illegal dumping is sanctions on driving licences. We need to examine this because everyone needs a licence. People are driving around in cars and vans and dumping all sorts of stuff. If the Minister gets an opportunity to consider this aspect, he might do so.

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