John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

Once again, on behalf of the Minister, Deputy Ross, I express my appreciation to Deputy MacSharry for bringing this Bill before the House but, for the reasons already outlined by Deputy Rock and the Minister of State, Deputy Griffin, we have tabled a timed amendment to the motion that the Bill be now read a Second Time to allow three months for consideration of the outcome of the current public consultation process, which concludes at the beginning of next month.

As Deputies are no doubt aware, road traffic legislation is the most contested legislation in the country and any changes to existing legislation must be drafted, settled and enacted with the utmost care. Any proposed changes to that legislation that undermines prosecutions, particularly those in respect of the more serious road traffic offences, must be rejected outright in the interests of road safety and the protection of all road users. One of the difficulties in proposing amendments to road traffic legislation is that such amendments can never be constructed and put forward in isolation from other existing road traffic provisions, especially when it comes to key road safety measures such as intoxicated or dangerous driving offences.

While the Minister, Deputy Ross, appreciates the intentions of Deputy MacSharry as expressed in the Bill, he wishes to make it very clear that he is determined to come to a decision that will address the issue of the use of these vehicles on our roads, not only in terms of the protection of potential users but also in the best interests of all road users, particularly vulnerable road users. Any decision he ultimately makes to amend existing legislation in that regard will be as a result of such careful deliberation and not on the basis of a quick legislative fix that many believe is the only option.

As Deputy MacSharry is aware, the Minister, Deputy Ross, on foot of the TRL report, initiated a two-month public consultation process to investigate from a purely Irish perspective the conditions under which e-scooters and such vehicles might be legalised. Making any decisions in advance of the completion of the public consultation process would be unfair to the contributors to that process. The Minister firmly believes the submissions from the public consultation process will assist in providing a clear understanding of the issues. It is essential that the process be allowed to be brought to a conclusion and to give the appropriate respect to those who have gone to the trouble of making submissions. It is clear even from the contributions in the House tonight that Members' views on e-scooters are divided to some extent, but as Deputy Rock has pointed out, e-scooters are here to stay. It is appropriate that the Minister's public consultation process would be allowed to conclude and that lessons would be drawn from it in the framing of any legislation or any changes that need to be made to make sure that e-scooters can contribute to our transportation issues in Dublin and throughout the country. They are visible on the streets of many parts of the country, not only on those of the capital city.

Deputy MacSharry's Bill aims to amend the key cornerstone definition of a mechanically propelled vehicle to allow for the use of e-scooters on public roads and in public places without giving recognition to the impact of such a change on existing legal provisions. The Bill also includes a restatement of existing provisions dealing with the offence of driving without reasonable consideration. The inclusion of such a provision in this Bill would seriously undermine the existing important provision in respect of such behaviour, but in doing so, it fails to include e-scooters. Notwithstanding other issues with the provisions contained in the Bill, these two sections alone raise concerns and are reason enough for the Minister, Deputy Ross, to be unable to accept the Bill, as drafted.

While at the lower regions of the vehicular type pyramid, pedal cyclists are still subject to certain important legal requirements when using our roads such as using a bicycle while intoxicated or in a dangerous manner. To exclude users of personal powered transporters, PPTs, from such road safety requirements, as this Bill does, is just wrong.

The Deputy may be aware that in recent times the police in Copenhagen arrested and charged 28 e-scooter users for being intoxicated, 24 of whom were drunk and four of whom were under the influence of drugs. This enforcement was carried out in the interests of the safety of road users. Surely Ireland would wish to have the same requirement. While we are often accused of creating a nanny state when legislating for issues such as these, a picture taken recently of an e-scooter user on a busy Dublin dual carriageway, wearing headphones and oblivious to the surrounding traffic, despite the fact that the use of this type of vehicle is currently prohibited, gives one pause when considering whether to legislate for their use. Any amendments to the current legislation must contain certain restrictions and prohibitions to ensure the safety of all road users.

As my colleague, the Minister of State, Deputy Griffin, stated earlier, Ireland is not unique in its attempts to legislate for this relatively new transport phenomenon. Many other jurisdictions have attempted to legislate for their use, with some reverting to an outright ban following fatalities and serious injuries.

Both the Road Safety Authority and TRL have recommended that the legislation be amended but with significant caveats being applied, including the promotion of the use of helmets and other protective equipment, the need to provide training for the operators of these vehicles, and clarification as to who can legally use the vehicles, including age restrictions and possible licence requirements. These will be important considerations for the future.

Once again, should the Minister, Deputy Ross, decide to legislate for the use of these vehicles on our roads, he can address the necessary amendments to the Road Traffic Acts, in consultation with the Office of the Attorney General, through a Committee Stage amendment of the current road traffic (miscellaneous provisions) Bill 2019. As that Bill is planned for publication before the end of the year, he is proposing to table a timed amendment with a three-month timeframe to allow for the current public consultation process on this matter to conclude.

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