Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I welcome the opportunity to contribute to the debate this evening. Before I begin my contribution, I, as my party's spokesperson for sport, would like to wish our national team the very best of luck in Lansdowne Road as it hopes to bring some goodwill and cheer to our country in its endeavours against Denmark. I acknowledge the presence in the Visitors Gallery of families who have been bereaved as a result of fatalities on our roads. I salute their courageousness in the manner in which they have lobbied on this and on many other issues related to road safety, improving our legislation and reducing fatalities on our roads. We are all are at one when we say we want to reduce the fatalities on our roads and reduce the number of people who have incurred serious injuries on our roads. That is the reason I welcome the opportunity to debate this legislation. It gives us an opportunity to improve our laws and to help reduce fatalities and serious injuries on our roads. The increase in the number of road fatalities in recent years is worrying and it needs to be addressed. In the period from 2015 to 2016 alone, we saw a 16% increase in the number of road fatalities. We had become accustomed to a downward trajectory in the figures and an element of complacency may have set in.

Some have sought to portray my party as somewhat soft on drink-driving and on road traffic offences but let me very clear, unambiguous and unequivocal, as a party, we totally condemn drink-driving. We are the party that in 2001 introduced the penalty point system, in 2005 introduced mandatory alcohol testing on our roads, in 2006 set up the Road Safety Authority, in 2009 introduced safety cameras on our roads, in 2010 introduced a graduated driver licensing system for learner drivers and in 2011 lowered the blood alcohol limit to 50 mg, a point sometimes is lost in commentary. It is currently illegal to drive a car with a blood alcohol limit in excess of 50 mg and in excess of 20 mg for specified drivers. The reason it is illegal is that my party reduced that blood alcohol limit in 2010, which came into effect in 2011.

I accept the Minister's bona fides and that he believes what he is proposing is the right measure and that it will reduce fatalities. The figures from which we are working and with which we were presented at the committee at the pre-legislative scrutiny stage date back to 2008 and to 2012. There is only one year in that period where the new measures introduced in 2010, namely, the imposition of a €200 fine and three penalty points, came into effect. In that same period over 50% of the fatalities on our roads were the result of drivers being found to be over four times the legal limit. We have no way in this Bill to address that. In that period a significant number of motorists were found to have had a blood alcohol level of over 80 mg. We are not addressing that nor the issues concerning pedestrians or cyclists.

When I sought up to date figures from the Minister's colleague, the Minister for Justice and Equality, in March, July and most recently in a parliamentary question in September, they were unavailable. The reason they are unavailable from the Garda Síochána is that unfortunately its members cannot stand over the figures they would produce today. That is not right or proper. It is certainly not right when we consider that more than 1 million fake breath tests are alleged to have been carried out. What we are being asked to support is a Bill based on figures that predominantly predate the introduction of the reduced blood alcohol limit in 2011. The up to date figures we have been given are preliminary and the other figures we have tried to get from the Minister when he appeared before the Oireachtas committee and by way of parliamentary questions are not available.

What the Minister and my party differ on is not the fact it is illegal, because currently that is what is in law, but on the sanctions that apply to motorists found to have a blood alcohol level in excess of 50 mg. The Minister tells us, and other people advocate, that an automatic disqualification from driving is one way to go, that this is the only way we can get impaired drivers off our roads. The question I have asked the Minister repeatedly, which he has been unable to answer, is that if automatic disqualification is the only way to go, why in 2016, according to the figures he gave when he appeared before the Oireachtas committee, were 8,063 people arrested for driving while intoxicated. Of that 8,063, 7% were found to be in the category of having a blood alcohol level of 50 mg to 80 mg, 93% were in the category of having a blood alcohol level where they would have been liable to automatic disqualification straight away. If automatic disqualification was a deterrent, one would imagine those figures would be reversed. The real deterrent to people not taking a chance in this regard is to ensure we have a significant Garda presence on our roads. Unfortunately, this Government and the previous one have allowed a situation transpire where the number of gardaí in the traffic corps have decreased by 40% since 2010. Unfortunately, the only way we can get impaired drivers out from behind the wheel of the car is the chance of them being caught, that is, by a car with a blue flashing light coming up behind them or at a checkpoint. That has not been happening.

In 2016, the Garda initiated the Gillian Treacy campaign.

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In the month leading up to Christmas, there was a 34% reduction in the number of deaths compared with the corresponding period in 2015 and a 27% reduction from the corresponding period in 2014. If we had a greater Garda presence on our roads, I firmly believe we would get our impaired drivers off the road. I must ask the Minister the question as to who is running An Garda Síochána at present. It is a leaderless organisation. The Commissioner has stepped down and the acting Commissioner has indicated he does not want to be the Commissioner. In fact, he has already gone on a pre-retirement course. Who is in charge and who will ensure a sufficient number of people are working in the traffic corps?

I understand the Crowe Horwath report has been presented to the Cabinet and that it calls for a review of the road traffic legislation with a view to streamlining and simplifying it where possible. The Garda Inspectorate also called for this in 2014, yet it has not been done. I also understand the report states it should not be used in any future process in respect of performance or disciplinary matters. Surely to God the Minister, as a member of Cabinet, will ensure that senior members of An Garda Síochána will be held responsible for 1 million fake breath tests. I hope he is. This report also reveals that the five-shift system is going will be examined and that the hours of overtime will be cut by 33% in 2018. If that happens, we will see a smaller Garda presence on our roads, not a greater one. I believe that will lead to more fatalities.

The Minister portrays this legislation cynically in suggesting it will make a huge difference. He portrays Fianna Fáil as being soft on the issue. For this small category, we do not believe it is proportionate, in that somebody who has done the right thing and who took a taxi home the night before but who may be marginally over the limit the following morning, having done everything right, could potentially lose his or her driving licence for three months. As a consequence of this, such people could lose their job, which would have a huge impact on their family. I listened to the Minister last Thursday night on "Prime Time", when he was questioned about the Minister of State, Deputy Halligan, and the call for him to resign from his position. The Minister said that what Deputy Halligan did was wrong and could not be condoned but that we must have proportionality in all aspects. We believe we need proportionality in this regard. I believe we need to send a strong message that this will not be tolerated and anybody caught in this category should be liable to a €500 fine and five penalty points.

I will make a number of other comments on the Bill. All Members will be afforded the opportunity to bring forward amendments on Committee Stage that will improve road safety. The Road Safety Authority has conducted an in-depth study on the role of alcohol in fatal road deaths. In eight out of ten cases, the blood alcohol level was over 100 mg. Nowhere in this legislation are we tackling that. In five out of ten cases, the blood alcohol content was over 200 mg. Nowhere in this legislation are we tackling that issue. I will table amendments on Committee Stage to ensure Irish law is brought into line with penalties that are in force across the Border in Northern Ireland and across the water in the UK. At present, it can take six months to notify the District Court of an offence. That is simply too long and should be reduced to a maximum of four weeks. People who are found guilty of breaking the law should be taken off the road immediately. That is an amendment that we will be proposing.

I mentioned the need for greater enforcement. In his contribution today, the Minister did not allude to the fact that a great number of people were involved in fatalities when they should have been off the road in the first instance. Why is the situation allowed to pertain whereby disqualified drivers continue to drive a car? We do not have sufficient penalties in place. I am told that even though disqualified drivers are obliged to return their licences to the Road Safety Authority, 98% of them do not do so. That is a disgrace and it is no wonder we have so many disqualified drivers on the road. How can that be allowed happen in this day and age? People in that category should also see their penalty increased.

The Minister was right to mention the worrying number of young people who are involved in fatal collisions and who feel it is okay to take the chance. We are not doing enough at an early stage to ensure that young people are educated on the dangers of drink-driving. While it is an optional module in transition year, we should engage with the Minister for Education and Skills to ensure that it is not optional but is a mandatory module to prepare children for when they take up driving at 17 or 18.

This is an opportunity to tackle the scourge that is cyclists and the significant number of cyclists involved in fatalities this year. I intend to table an amendment that will ensure there is a minimum required passing distance for cars overtaking cyclists. I hope the Minister will support it. It should be mandatory for all cyclists to wear a helmet at all times. I have already discussed with the Minister the need for pedestrians to wear high-visibility jackets on unlit roads. That is another amendment which I will bring forward on Committee Stage. The Minister shares my concern and supported me when I raised the matter previously. This is an opportunity to address the issue.

As we indicated last year, Fianna Fáil will support the amendment in respect of unaccompanied learner drivers. We indicated that we would do so 12 months ago.

It has taken 12 months for the Bill to come to where it is but we will support it. Originally, the Minister anticipated the legislation would be brought before the Oireachtas in March or April 2017, it would be stand-alone and would be enacted without delay. I do not know for what reason the Minister was not able to bring it before the Dáil at that time. However, the intervening period has enabled our party to look at sensible amendments which can only enhance and improve road safety, as well as helping reduce collisions, fatalities and serious injuries on our roads.

As much as we can on this side of the House, we will support the Minister bringing this Bill to the next Stage. The only area on which we disagree is the proportionality of the offence. We will bring forward an amendment to ensure we signify it is wrong to commit an offence with a blood-alcohol concentration of over 50 mg per 100 ml.

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