Olivia Mitchell (Dublin South, Fine Gael)
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I move: "That the Bill be now read a Second Time."

I wish to share time with Deputies Connaughton, Deenihan, McGinley, Tom Hayes and Pat Breen.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Is that agreed? Agreed.

Olivia Mitchell (Dublin South, Fine Gael)
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Fine Gael introduces this Bill to ban the use of hand-held mobile phones because of the evidence that their use is a major driver distraction and, consequently, a direct cause or contributory factor in a significant number of accidents. We have poor accident information in Ireland. Much relevant information is not collected and much of what is collected is not collated and, therefore, not available in a useful and useable form. Nevertheless, we know enough and there is enough international evidence to merit urgent and decisive action to terminate the practice of using hand-held mobile phones with all possible speed. Even without research evidence, the evidence of our own eyes can tell us that not only is the practice of using hand-held mobile phones widespread, but that potentially dangerous use, particularly by van and truck drivers, is commonplace and becoming more so. It is hardly necessary to highlight the potential damage a heavy vehicle can do when a driver is distracted by a call and not in full control of the vehicle by virtue of the necessity to remove one hand from the steering wheel to hold the phone.

This is a short uncomplicated Bill that deliberately sets out to do one simple thing; to ban the use or holding of a mobile phone while driving a car. The purpose of the Bill is to make the holding of a phone an offence. We do not propose to include a requirement to prove the phone is actually being used. Neither is there an attempt, as in previous efforts to legislate, to ban having the phone on or about the person, on the seat, in the boot, or anywhere else. Proof of an offence will be provided either by way of the evidence of a garda who witnessed the event or a photographic record to support the charge. There is also provision for an on-the-spot fine of €80, subject to two penalty points on acceptance of the fine. Exemptions and defences are also created in the Bill to overcome problems encountered in previous legislative attempts. For instance, the emergency services and the Garda would be exempt from its provisions and drivers could also call emergency services on a hand-held mobile phone in circumstances that constituted a genuine emergency.

The Bill will merely prohibit the use of hand-held mobile phones by drivers of vehicles. The legislation will not apply to use by passengers, save in one situation — where a passenger is the full licence-holding supervisor of a learner driver. In this circumstance it is reasonable to expect the passenger to have the full use of both hands in case of an emergency or loss of control by the learner driver. However, the legislation requiring a supervising driver for learners is almost completely ignored. In addition, an official blind eye is turned to this breach of the law. This is inevitable and, in practical terms, unavoidable in a situation where learner drivers can wait over a year for a test. I recognise that including a mobile phone ban for supervisory passengers is probably irrelevant and redundant for the moment, but I include it because I hope some day we will be able to enforce it and the many other provisions of the road safety regime currently on hold pending the introduction of an efficient testing system.

The Bill does not seek to ban the use of hands-free mobile phones, bluetooth or even earpieces. Such use, if made an offence, would be impossible to detect. I also believe it would be impossible to engender any level of popular support for such a measure. I am told that for businesses the savings in petrol costs are enormous by virtue of drivers having access to a mobile phone because it eliminates many previously wasted journeys, thus saving time and money. However, recent research suggests that even hands-free mobile phones are a driver distraction, and I believe this to be the case. Most of us would be conscious of the distraction of a telephone call when dealing with a difficult motoring manoeuvre, changing lanes in fast traffic, doing a three-point turn and so on. Such a conversation can be a distraction in the way that a conversation with a passenger is not, simply because the passenger is aware of the level of attention required by the driver and the general context of the conversation and so can moderate discussion accordingly. In the case of a mobile phone call the caller may not even be aware the recipient is driving a car. At least, with a hands-free mobile phone, the driver has better control of the vehicle.

I stress that careless driving, where loss of control is due to the use of any kind of phone, including a hands-free phone, will remain a separate offence, as will loss of control due to texting with a hands-free phone, a particularly risky undertaking. Other categories of careless driving include shaving, drinking coffee, putting on make-up, changing CDs, reading the newspaper, doing crosswords and the myriad other potential driver distractions in the modern car. A more serious offence occurs when such careless driving leads to death, however innocent the activity may appear to be. A driver education campaign about such activities is urgently required, particularly as people are spending more and more time in their cars. In addition, we spend more time talking on mobile phones than people in any other European country. Therefore, we are at risk on all levels.

Texting on hand-held mobile phones is particularly risky because one takes one's eyes off the road for a prolonged period, in addition to removing one hand off the steering wheel. As texting is more prevalent among young people, one cannot help wondering whether it plays a contributory role in at least some of the many single car accidents with no obvious cause involving young people.

There are a number of reasons for bringing forward the Bill now. First, the number of cars on the roads is growing. Second, the number of deaths is increasing, as is the number of serious accidents. Simultaneously, the number and usage of mobile phones are growing. Ireland leads the world in this respect. Significantly, the use of mobile phones in cars is growing. What is equally significant is that their use is open and blatant. There is no attempt to hide or limit talking time by drivers, even by drivers of very large vehicles. This overt use of mobile phones indicates that for growing numbers, there is no sense of the need for furtiveness, or any anti-social stigma attached to what they are doing, or that the practice is either unacceptable or dangerous. Against this culture, advertisements, driver education, entreaties or the use of any moral suasion to desist are useless and will do nothing to bring the quantum change in attitude we need, to bring home the message of the risks associated with mobile phone use. A legislative ban backed by strict effective enforcement is the only way to change attitudes and ultimately bring about sustained behavioural change. If this is done, the benefit will be a reduction in accidents which will be far reaching. Raising road safety awareness through strict enforcement of any reasonable rule goes beyond the specific deterrent of a mobile phone ban to act as a general deterrent in respect of other road safety offences. This is a widely acknowledged phenomenon. A serious and visible enforcement of one offence creates an improvement in the overall observance of the Road Traffic Acts.

Unfortunately, the converse is also true. The Government introduced legislation to ban the use of hand held mobile phones which it then withdrew and failed to replace. This is a mandate for their flagrant, overt and widespread use. It sends another signal that official Ireland does not rate road safety or observance of the Road Traffic Acts and that legislation, implementation, administration and enforcement in this area does not have Government attention and is not a priority.

This Bill is Fine Gael's effort to improve road safety, albeit tackling just one aspect of a much broader agenda. The Minister has promised a new Road Traffic Act to deal with a number of issues such as the outsourcing of speed cameras, breath testing and so on. He has suggested he might be able to include the long-promised ban on mobile phones in that Bill but he subsequently backtracked on the commitment to introduce it in the Road Traffic Bill. He has agreed not to oppose this Private Members' Bill which is to be welcomed. However, one must question the Government's resolve on this issue.

Last week was four years to the day in March 2002 when the then Minister, Bobby Molloy, introduced the regulations. Four years ago on 19 March 2002, the newspapers reported, "Mobile phones by drivers will be outlawed within 48 hours. Road Safety Minister Bobby Molloy is to sign regulations this week, effective immediately." Many 48-hour periods have elapsed since then and we have not seen anything. Four years of inaction on a road safety issue such as this is unacceptable. It may be that the fear of reaping the kind of ridicule that was heaped on the Minister at that time is the inhibiting factor, but it is not a good enough excuse. The result of failure to introduce a ban only postpones further the prospect of a change in driver attitude to mobile phone use which is more important than possible Government embarrassment.

The same lack of focus, the same inability to concentrate on delivery, the same failure to sustain ministerial or Government interest beyond the press conference is evident in the pathetic attempts to reform the driver testing system. I raised this issue on many occasions. I raised it at the weekend with the Minister for Finance to request renegotiation of the partnership talks and it was raised by my party leader today. I plead with the Minister to deal effectively with this issue which is nothing short of a national crisis and a scandal. Even Gay Byrne, with all his undoubted talents, will not be able to reform the system while there is a backlog of 140,000 awaiting driving tests. There has been a decrease in productivity among the driving testers and there will be no hope of clearing that backlog unless outsourcing is allowed.

On mobile phones, on speeding, on breath testing, on driver testing, on road safety in general, the public has lost faith in the Minister. It is irrelevant whether it is a general lack of will on the part of the Government or the lack of ability to deliver. The end result is the same; the road safety strategy is in tatters. The public regards the administration of road safety legislation as so chaotic that they believe it is safe to simply disregard its provisions. Who could blame them? If there is no political focus on an issue, if there is no leadership from Government, if the Government does not take this problem seriously and take responsibility for cross-departmental issues such as penalty points, if the Government fails to introduce necessary legislation and put in place the necessary IT systems to implement legislation, and if the Garda and others charged with administration or enforcement are not resourced, then the clear message to the public is one of official indifference.

No amount of hand-wringing at the rising death toll can be an alternative to focused legislation, implementation and enforcement. Rules and regulations are in place to govern behaviour. Left to ourselves, we would not behave in the public interest. We have endless examples of how legislation can change, first attitudes, then behaviour and finally change the entire culture. The shame of being caught breaking the law and fear of legal consequences, fines or jail sentences, the loss of public standing, all operate as deterrents to what society regards as unacceptable behaviour and successfully changes our behaviour. Over time, with sustained enforcement the modified behaviour becomes embedded in our culture and changes what we regard as acceptable behaviour.

In Ireland, using hand held mobile phones while driving is regarded as acceptable; speeding is regarded as acceptable; drink driving is regarding as acceptable; truck drivers exceeding the safe and legally permitted driving hours is regarded as acceptable; and never getting a full driving licence is regarded as acceptable.

The message is clear. People behave like this because they can. The Government not only allows it through failure to enforce the laws we have, but encourages and fosters that behaviour through official indifference and ineptitude.

Fine Gael introduces this Bill to offer the opportunity to deal with just one of the outstanding road safety issues. If the Government had rejected this Bill it would have been regarded as dog in the manger behaviour, an admission that because it failed to introduce a mobile phone ban, it would not allow anyone else do so either. I am pleased the Minister has taken the responsible attitude, has decided not to oppose the Bill and accepts that it is a genuine attempt to eliminate at least one cause of accidents and road deaths and take it out of the equation. I warn the Minister that Fine Gael's agenda is to see the enactment of this Bill and it will be pressed to the very end because we are determined to ensure that it is passed as quickly as possible.

Paul Connaughton Snr (Galway East, Fine Gael)
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I thank Deputy Olivia Mitchell for putting this Bill before the House tonight. It is designed to achieve just one vital objective, to prevent drivers from using or holding hand held mobile handsets while driving.

It makes absolute sense to stop drivers trying to negotiate the normal impediments, obstacles and risks associated with driving any vehicle on any road in Ireland at any time, day or night. This Bill is aimed at all drivers, whether they are car drivers, van drivers or lorry drivers. They should not be allowed to take or make mobile calls on a hand held mobile phone. A total of 95% of the population use mobile phones and with the mobile phone culture now deeply embedded in the Irish psyche, it is time this madness was stopped.

A hand held mobile phone used while driving a car is no better or worse than driving with one hand but with the added complication that the mind is torn between the activities on the road and the news coming in on the mobile phone. It is worse when a driver uses the mobile phone to make a call. At times this exercise means that both hands are in use while the car is expected to drive on autopilot.

It may be argued that this Bill does not cover all eventualities and shortcomings but the principle of the Bill is correct, reasonable, necessary and enforceable.

Can a motorist driving at 100 km/h who takes a call or tries to ring somebody on a hand held phone also exercise the necessary care and attention required to drive and still be eagle-eyed for that upcoming emergency that happens to everybody at some stage in their driving lives? Now that texting has become a national pastime, one can only shudder at the thought of it being practised at 120 km/h on the new dual carriageway.

The Government may table suitable amendments if required. I am delighted the Government has accepted this Bill. It does not ban the use of hands-free mobile phones, bluetooth or ear pieces. While these might be a minor distraction, as some research has shown, if this Bill can stop the hand held mobile phone being used while driving, we will have gone a long way towards closing off a significant loophole. The use of hand held mobile phones is a contributing factor in accidents and should be stopped as a matter of good sense.

I welcome the appointment of Gay Byrne as chairman of the Road Safety Authority. On Committee Stage of the relevant Bill at the Select Committee on Transport I urged the Minister to provide for annual achievements in order that after each year of the new road safety plan it could be clearly seen if all the stakeholders were acting in concert with each other, which they never were. They are still out of step with each other. If we get an integrated plan that is properly researched and financed, we will stop the spiral of unnecessary deaths on the roads. This will not come cheap but taxpayers will not mind if it costs more, provided the money is well spent and they can see they are getting a return on their investment, which in this case will be the greatest return imaginable, the saving of lives on the roads.

I do not have time to cover all aspects but I hope Gay Byrne will succeed in his role. I have watched developments on this issue closely in recent years and the Minister and his predecessor in action. For some strange reason, a flash announcement on what will happen is made whether any research has been done. If research was done, there would be a follow-up. I have heard the banning of the use of mobile phones in cars heralded on several occasions as something that could and should be done but it has never been done. With regard to enforcement, many could drive to the four corners of the country without seeing a garda on transport duty. I hope Gay Byrne will do what the Minister could not or would not do. Many, including me, hope he will be successful.

Jimmy Deenihan (Kerry North, Fine Gael)
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I support the Bill and compliment Deputy Olivia Mitchell on her effective use of Private Members' time. I urge the Minister to accept the Bill. It is a reasonable proposal which gets over the problem relating to the emergency services and the Garda raised by the Attorney General in 2003 when a similar proposal was mooted.

The Bill has never been more important. The number of cars on the roads is growing and more people now use their cars as sub-offices. Due to the length of time they are spending driving, they work on their way to and from the workplace. It is common to see half of car users using a mobile phone, which is distracting and leads to accidents.

One of my reasons for supporting the Bill is that I have personal knowledge of a very serious accident that occurred due to the use of a mobile phone. The other car involved contained a family of five who could have been wiped out because of actions of the offender who was using a mobile phone as he drove around a bend with no control of his car.

The number of cars on the roads is growing — the January sales figure rose by 26% — as is the number of serious accidents and road deaths, with 90 deaths already this year. As Deputy Mitchell stated, there is also an increase in the level of mobile phone use in cars. In the United Kingdom fixed penalties are in place for the use of hand-held mobile phones while driving. We are simply standardising the law north and south of the Border. People will accept this law, as they accepted the smoking ban. They are beginning to realise that it is irresponsible to use a mobile phone while driving.

Deputy Mitchell pointed to the poor record of Government with regard to the issue of penalty points. Despite their initial impact, drivers are no longer concerned about them. They are rarely a subject of discussion and do not affect or in any way moderate speed on the roads. I occasionally drive from Kerry to Dublin and see very few road checks.

It seems there is no urgency to implement the penalty points system. In 2002, for example, a promise was made to implement 69 penalty point offences by the end of 2003. To date, despite the promise of the Minister, which I hope he will fulfil, only four penalty points offences have been enacted. There were 376 road fatalities in 2002, whereas 399 people were killed in 2005. The Bill is a positive step and I am glad the Minister is accepting Deputy Mitchell's proposal. Others should follow. I agree with Deputy Mitchell that we need an education campaign on the use of mobile phones and other activities in cars that distract drivers and cause accidents, sometimes fatal.

Dinny McGinley (Donegal South West, Fine Gael)
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I welcome the introduction of this reasonable and sensible Bill. Any measure introduced in the House and enacted which will save lives on the road is to be welcomed by all. As one who travels regularly through another jurisdiction on this island, I am amazed to see the difference there. One seldom sees anyone in Northern Ireland with a mobile phone to his or her ear but one sees it when one crosses the Border into this State. I cannot understand why it was possible to enact legislation in Northern Ireland without any legal difficulties while we are still contemplating it here. I welcome the Minister's positive response to the Bill. The sooner it is introduced, the better for us all.

What has been allowed to develop in recent years with regard to road safety and road deaths is nothing less than criminal negligence. The figures are stark and devastating. In 2003, 335 people lost their lives on Irish roads. In 2004, that figure increased to 378 and last year it was just one short of 400. At a time when the number of road fatalities in other European countries is decreasing, the figure here is on an upward spiral, against the European trend, yet we seem paralysed and unable to do anything about it.

Best practice tells us that the number of road deaths in this country should be 240. I am not for one moment justifying that figure as we would be better off if there were no road deaths. However, the European average is six deaths per 100,000 of population — 60 deaths per million or 240 deaths for our population of 4 million. In other words, 160 people above the European average are unnecessarily killed on Irish roads every year.

Can anyone imagine the devastation, hurt and suffering inflicted on the families who are bereaved or have members injured? It seems no one is willing to accept responsibility and no one is accountable. Is it any wonder that the former chairman of the National Safety Council, Mr. Eddie Shaw, resigned his position in sheer frustration at the Government's failure to provide the necessary resources to implement the national road strategy 2004-06? It is a terrible indictment of any Government that this unnecessary slaughter is allowed to continue and increase. That is the national picture.

I wish to devote some of the limited time available to me to the shocking number of accidents and deaths on the roads in my own county of Donegal. The people of Donegal tragically have become accustomed to waking up on Saturday and Sunday mornings to news reports of serious and often fatal accidents in different parts of the county involving young people. A look back at last year reveals a litany of devastating accidents. On the morning of 18 February last, there was a tragic accident near Buncrana where five non-nationals were killed in a two car crash. The circumstances leading up to that accident shocked not alone the people of Donegal but people elsewhere in the country. On the weekend of 8 and 9 October 2005, three months prior to the tragedy in Buncrana last month, five young people, mostly teenagers, were tragically killed in a car crash again in the Buncrana area. In September 2005, three more people lost their lives in a road accident near Ballintra in the south of the county. During 2004, 30 people lost their lives on the roads in Donegal, probably the highest per capita of any county. Unfortunately, the death rate was as bad last year when the number killed on the roads in the county again reached 30. How can one explain that almost 10% of road fatalities here occur on the roads in one county? The gardaí in the county are doing the best they can with the limited resources at their disposal but they alone cannot counteract the culture of living dangerously which seems to have convinced many young people that they are invincible.

We must seriously tackle this problem. A new road strategy committee is being set up and I hope it will not be made up of policemen and policewoman but rather of people with a genuine ability. I also hope it will have the support of the Government, that the necessary resources will be made available to tackle this problem and that we will not wake up every weekend to hear of such tragedies having occurred in some part of the country. The current position is unacceptable and a Government that tolerates it should not be in government.

Tom Hayes (Tipperary South, Fine Gael)
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I am delighted to have this opportunity to speak on this significant Bill. I compliment my colleague, Deputy Olivia Mitchell, on introducing this Bill and on her unwavering commitment to road safety.

The horrendous road accident statistics here have reached such levels that we are willing to try any mechanism to reduce the carnage on our roads and the heartache and trauma that it brings in its wake. Watching the news on television every evening, particularly at weekends, I am profoundly shocked by the huge loss of life that occurs on our roads. Recently in my constituency a horrific accident resulted in the loss of two school-going first-year students returning from study from Killenaule to their home along a stretch of road that is known to be very dangerous.

Clearly, we are failing to address the root causes of road accidents if casualties continue to mount. That the number of fatalities has climbed each year is evidence of a great failure on the part of the Government to tackle this problem. More than 5,000 people have died on our roads during the past decade and already this year 90 people have lost their lives on our roads. A multi-pronged strategy is needed to address a complex issue such as road deaths. The first issue that needs to be addressed is the number of gardaí dedicated to traffic duties. The Garda traffic corps must be allocated its full complement of staff immediately.

Anyone will comment on the likelihood of being caught for driving slightly over the speed limit in the 50 or 60 kph zone while virtually having a free reign on an open road. One can argue that if a law exists, people should uphold it but that it not human nature. People need incentives to uphold the law. They need to know that if they drink and drive, break the speed limit or commit another such offence they will not get away with it. I commend Mr. Gay Byrne on his attitude this morning when he said in the case of people caught driving a few kilometres over the speed limit, good policing should prevail and they should be given a warning rather being penalised.

While driving up to Dublin today I was struck by the farcical state of the Dublin to Cork road, with dual carriageways in some places and single lanes in others where the speed limit is routinely broken. On approaching Dublin, traffic grinds to a halt in roads works and then because of the never-ending rush hour. It is no wonder people are tempted to break the speed limit when they reach a stretch of good road. The frustrations they encounter in traffic that barely moves makes speeding very tempting when the opportunity arises. For this reason speed cameras must be located at frequent intervals and people must be aware of their existence. The purpose of speed cameras must not be to catch people out and extract a fine from them but to encourage them to drive within the legal limit. That is most important. Speed cameras are needed on major roads and in rural areas. There are many roads where the speed limit is not observed. Narrow rural roads, where straight stretches are few and far between, become incredibly dangerous when motorists drive vehicles at speed.

It is high time a programme was introduced to teach transition year students about driving. I have raised this issue on several occasions. I implore the Minister, Deputy Cullen, who is forward-thinking, to encourage the inclusion of such a course as part of our education system.

Pat Breen (Clare, Fine Gael)
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Like my colleague, Deputy Hayes, I commend Deputy Olivia Mitchell on introducing this Bill. It is an appropriate week to do so when a chairman of the calibre of Mr. Gay Byrne has been appointed to the Road Safety Authority. It is appropriate that our attention should focus on one critical aspect of road safety, namely, the use of mobile phones while driving. I welcome the appointment of Mr. Byrne to this position. The Minister has a mixed record in various portfolios but, in the appointment of somebody with the energy and independence of Mr. Byrne, he has undoubtedly made a wise decision which we all hope will pay dividends when it comes to reducing the carnage on our roads. I note Mr. Byrne has made it a priority to curtail the practice of provisional licence holders driving alone on our roads; the principle of a provisional driver being accompanied by a passenger with a full licence needs to be affirmed. It is with this in mind that this Bill has been introduced. It makes it equally an offence for a passenger to use a hand-held mobile phone when the passenger is the full licence holder. This may be viewed in some quarters as overly harsh, but it must be this way as otherwise it would make nonsense of the principle that provisional driving licence holders must be accompanied by a full driving licence holder.

On the critical issue of drivers using mobile phones, it was with a sense of astonishment that people learnt in recent months that there were no specific plans to introduce mobile phone use while driving as a penalty point offence. In January, the extension of the penalty point system fell short of the Government's promise in 2002 to introduce 69 penalty point breaches of the Road Traffic Act. There will be 35 penalty point breaches under the new regime which will come into effect from Saturday next but the imposition of penalty points for the use of a mobile phone was ignored. In this context, it has been proposed that two penalty points will be imposed on the offender if a person is convicted of the offence. In addition, it provides for a stiff penalty, with the imposition of a maximum fine of €5,000 and a prison sentence of up to two years for the offence.

Like much road safety there is a curious double think at work among many motorists when it comes to using mobile phones. Although motorists, in theory, can be prosecuted for careless driving if observed using a phone by a garda, there is a prevailing attitude to the effect that "this does not apply to me, I am a safe driver". Irrespective of being found over the drink driving limit, over-tired or making a call while on the move, the attitude prevails that "it is safe and that the law applies to others and not to me". We have all seen such drivers and the only way to impress on them the seriousness of what they are doing is to have a firm policy on the use of hand-held mobile phones.

I refer the Minister to a recent British Medical Journal study which found that people using mobile phones while driving were four times more likely to be involved in a serious crash and that it slowed down the reaction times for younger drivers considerably. This has been well known from the evidence of other surveys and studies. In this instance researchers looked at 456 drivers aged 17 and over who had been involved in a crash and who required hospital treatment over a two year period. They found that a mobile telephone used in the ten minutes before the crash was associated with a four-fold increase in likelihood of crashing.

This is a pressing issue. Lives could be saved if the Government acted immediately on this issue. It demands a sense of urgency from this Government. A sense of urgency has been sadly lacking in this Government over the past while because it thinks this is an unpopular measure with the public. On this specific issue, as long ago as 2002, three quarters of the people polled by irishhealth.com supported a ban on the use of hand-held mobile telephones by drivers. This message resulted in this legislation and I am delighted the Minister has supported Deputy Olivia Mitchell's Bill.

Before I finish I will relate a story about a family I know quite well. My neighbour, his wife and their young child were coming home one evening from visiting the family home in another county, when a driver using a mobile telephone came round a bend and crashed into them. Sadly, their only child died in that crash.

I urge the Minister to treat this as a priority. We all are driving and see motorists, even lorry drivers, using mobile telephones.

Charlie O'Connor (Dublin South West, Fianna Fail)
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I thank the Minister for allowing me to use some of his time. I congratulate the Minister on his efforts, and like the Minister I compliment my colleague, Deputy Olivia Mitchell. I have known the Deputy for some time and I served with her on the county council. I admire her work and wish her well in this regard. I am a former colleague of Deputy Shortall on a health board. It is good to hear the Minister applauding his colleagues in discussing this legislation.

As legislators we face many challenges, and one of the biggest is the perception that road collisions are inevitable. Like the Minister, Deputy Cullen, I do not share this view. The statistics continue to show that speeding, drink-driving and the non-wearing of seat belts are the killers. The real killer is that this should not be the case.

I have listened carefully to all the contributions. While I do not wish to single out one over the other, the contribution of Deputy McGinley struck a chord with all of us. He spoke of the people who have died on the roads in his constituency. My parish priest is from the Deputy's constituency in Donegal and I was aware of these deaths. Deputy McGinley's contribution struck a chord with me and, I am sure, with the Minister. It is right to remember in a debate like this that people have died, and much hurt has been caused.

Improved driver behaviour, acceptance of traffic rules, tougher enforcement, greater personal responsibility and an appreciation of other road users are the goals we must achieve. Through tough laws, visible enforcement, enhanced road building, targeted education and focused public awareness, we can meet the challenge in a real way. I congratulate the Minister on his personal commitment and energy in ensuring all the agencies and bodies involved in the various areas of road safety, including education, testing and standards, will be the responsibility of the Road Safety Authority, for which legislation will be before the House next week.

I support the choice of Mr. Gay Byrne as chairman, as has been noted by the Minister and other colleagues. I am a long-time admirer of Mr. Byrne's work since he came on the scene all those years ago when I was quite young. We have all been impressed by the manner in which he responded to the appointment and the statements he made. This shows he is clear in what he wants to achieve.

Considering the data for the years since the introduction of the first road safety strategy in 1998, it is clear there has been a measurable decrease in road deaths compared with preceding years. However, having reached a 40-year low in the level of road deaths in 2003, there is now unfortunately an increasing death rate. There were 399 road deaths in 2005 and 90 lives have been lost already this year. These figures bring home the stark reality that things are not improving and that the tragic loss of life continues on a daily basis.

The adoption of a more strategic approach to road safety strategies has underpinned the realisation that the persistent growth in vehicle numbers and negative trends in road casualties required a concentrated and integrated response. Penalty points have worked. The number of road deaths fell to a 40-year low on their introduction and people responded by slowing down and obeying the rules. However, the dramatic impact waned. The primary glitch in the system, an administrative issue, was identified, a remedy was brought forward and a new system is now in place. Penalty points have clearly made a positive contribution to road safety. I therefore support the expansion of the number of penalty point offences from next Monday.

The introduction of the Garda traffic corps is also to be welcomed and supported. This dedicated unit, headed by an assistant commissioner and focusing solely on road traffic matters, has had a great impact. By the end of 2008, 1,200 gardaí will be deployed to the traffic corps, over twice the number engaged in traffic duties prior to the roll-out of the corps. The growing presence on our roads of a dedicated and highly visible corps of officers will promote a greater level of general deterrence against the type of behaviour which leads to road collisions.

Like the Minister and my party leader and Taoiseach, Deputy Bertie Ahern, it is my firm view that the waiting time for driving tests is too long. I am glad the matter was raised today. The Minister's proposal will see the average waiting time for tests reduced to six weeks. The proposal needs the support of all sides of the House. When the backlog is resolved we will get an improved customer service for test applicants, improved road safety and reduced insurance premia, particularly for young drivers.

I also support the Minister's plans on safety camera usage. Contrary to media comments, safety cameras are not about collecting money. Their sole purpose is to save lives. I welcome that the Garda Síochána will have a general supervisory role in the management of the initiative and will, with the assistance of the National Roads Authority, be responsible for choosing sites for the placement of cameras. The basis on which sites should be selected will relate directly to collision history and known areas of speeding incidence.

Drinking and driving is recognised as one of the most serious contributory factors in road collisions in this and all other countries. Despite the use of a powerful publicity campaign to encourage greater responsibility among drivers and the commitment of the Garda Síochána to tackle the issue, many drivers are still not prepared to change their behaviour. I support the Minister in his actions to deal with this complicated and vital matter.

This leads directly to the issue of mobile phone usage while driving. The time for discussion has ended. It is reckless to drive and hold a phone simultaneously. As the Minister noted, some drivers feel they have more arms than an octopus. He also noted that missing a call will not kill a person, but a traffic accident could. The excuse that we are leading busy lives is difficult to swallow when we consider the lives lost and the families which have been ruined. That is why the Minister has publicly stated he intends to ban driving with a hand-held phone, making it a penalty point offence.

I commend Deputy Olivia Mitchell on bringing this Bill to the House. I wonder why she could not have waited a short period while the broader Government Bill, which will include the matter, is being finalised.

Olivia Mitchell (Dublin South, Fine Gael)
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It has been ongoing for four years.

Charlie O'Connor (Dublin South West, Fianna Fail)
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I fully support the Minister's decision to set up the Road Safety Authority. It will be a single agency with responsibility for a wide range of functions which have a bearing on road safety. It will have the legislative and financial muscle to co-ordinate and advance the road safety agenda through delivery of road safety programmes, such as testing of drivers and vehicles, road safety research and data collection, driver education and the promotion of awareness of road safety in general. The authority will have a significant policy advisory role to the Minister for Transport in the development of road safety policy. In particular, the new authority will have the statutory function of formulating future national road safety strategies, having taken inputs from all the relevant stakeholders. It will submit such strategies to the Minister for formal Government approval.

I previously mentioned the challenges we face. These challenges, improved driver behaviour, acceptance of traffic rules, tougher enforcement, greater personal responsibility and appreciation of other road users, are at the heart of road safety. We all have a role to play and must all take responsibility. I fully support the Minister for Transport, Deputy Cullen, in his efforts to finally establish an organisation that will result in the road safety agenda being addressed and I believe he will have wide support for that.

Róisín Shortall (Dublin North West, Labour)
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I will share time with Deputy Lynch.

The Labour Party welcomes and supports this Fine Gael Bill. I commend Deputy Olivia Mitchell on her initiative in drafting it and bringing it forward. We welcome the opportunity to debate the issue of mobile telephone use while driving because the practice has become increasingly pervasive and is a major contributory factor to collisions on the roads.

The Bill is presented to us in the context of a raft of promised road safety measures that have been delayed for one reason or other. Mobile telephone use, random breath testing and North-South recognition of penalty points are issues which have been tied up in the Office of the Attorney General for a considerable number of years, without resolution. The problems associated with the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 were identified in 2002. Since then the issue has gone back and forth between the Attorney General and the Department of Transport with little or no progress in producing a new law. The Department seems to be so afraid of getting it wrong again that it would rather do nothing. That was the attitude taken to random roadside breath testing and it resulted in a situation where gardaí did not enforce the law properly for a number of years when, as it turned out, they could have done so. I welcome the Attorney General's recent clarification on that and wonder why the Minister has not also welcomed it and encouraged the gardaí to enforce the law they have at their disposal. The Minister is still talking about changing the law.

Róisín Shortall (Dublin North West, Labour)
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Why not encourage the gardaí to enforce the law and to exercise their substantial powers?

Róisín Shortall (Dublin North West, Labour)
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The gardaí have the power to clamp down on drink driving but there is no evidence they are doing so.

Róisín Shortall (Dublin North West, Labour)
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For one reason or other, it is not happening. The same cannot be allowed to happen with mobile telephone use and Fine Gael is taking the right course of action in presenting this Bill. The delay in delivering on the promise to ban the use of mobile telephones has been incredible. On 9 October 2002 the then Minister for Transport, Deputy Brennan, told the Dáil that his Department was urgently examining the implications of legal advice from the Attorney General, yet seven months later the urgency was so great he gave the exact same reply to me when I raised the issue with him.

In March 2004, the then Minister of State at the Department of Transport, Deputy McDaid, said he was working on a legislative framework to address the overall regulatory questions arising from the development of in-car technologies, which he hoped to deal with in the next road traffic Bill.

In September 2004, the road safety strategy was published with a clear commitment to provide a legal basis for the control of mobile telephone use while driving. However, the following February, the then Minister of State at the Department of Transport, Deputy Callely, could only give the same information to the House as Deputy McDaid had the previous year. We are still waiting for that Bill.

There was hope in February of this year when the Minister for Transport, Deputy Cullen, indicated that the necessary preparations had been made to provide for the regulation of in-vehicle information and communications technologies. However, at the last Question Time he drew back, saying that he would provide such legislation in the road traffic Bill but only if the question of how to legislate effectively and appropriately for mobile telephones had been finalised within that timeframe.

Róisín Shortall (Dublin North West, Labour)
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Has it been finalised within the past couple of days?

Róisín Shortall (Dublin North West, Labour)
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Last week the Minister told me it had not been finalised. As we wait for the extension of penalty points next week to offences dealing with driver behaviour, mobile telephone use, one of the more obvious examples of dangerous driving behaviour, will not be included.

Róisín Shortall (Dublin North West, Labour)
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The Minister is making it up as he goes along.

Róisín Shortall (Dublin North West, Labour)
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The Minister has announced additional offences to come into force next week and mobile telephone use is not among them. One has to wonder just what the hold-up is and why he has procrastinated for so long.

Róisín Shortall (Dublin North West, Labour)
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The Minister should control himself. He is good at dishing out criticism and he should be able to take it.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Order, please.

Róisín Shortall (Dublin North West, Labour)
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He has consistently delayed, but we need action. It seems it takes Deputy Olivia Mitchell to bring forward this Bill for him to act, in spite of all the promises. The UK——

Séamus Pattison (Carlow-Kilkenny, Labour)
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Order, please.

Róisín Shortall (Dublin North West, Labour)
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The UK introduced a ban on the use of hand-held mobile telephones in 2003. Their use while driving was banned in New York in 2002, and they were also banned in the Netherlands in that year. Belgium, France and Germany have bans of one kind or other. If that is possible in other countries, why has it not been possible in this country?

There is a growing body of evidence that suggests the effect of mobile telephone use while driving is dangerous and presents a significant risk factor in collisions. A lot of the research suggests a correlation between high risk road user groups and mobile telephone use. For instance, a Finnish study which has been tracking mobile telephone use by motorists since the late 1990s found that young male drivers, the category that shows up most frequently in our road fatality statistics, are more likely to use telephones than older or female drivers. In general, just under one half of mobile telephone-using drivers admitted having experienced hazardous situations while using a mobile telephone in the previous six months. The study also shows a growing trend in mobile telephone use suggesting that 81% of drivers now use their telephone in their car at least sometimes. Indeed, a recent survey carried out in Navan, County Meath, and published in the Irish Medical Times showed that 3.6% of motorists driving through the town over a one-hour period were using their mobiles, figures that are consistent with similar surveys.

A Japanese study in 1996 assessed the frequency of mobile telephone use prior to a car crash and found that, of the 129 crashes studied, 79% related to handling the telephone before the crash, with the greatest category reaching over to answer the call while driving. Again, most of the drivers were in their 20s and most were men.

Probably the best study was carried out in Canada where the researchers tested the effect of mobile telephone use on the driving of nearly 700 Canadian drivers. The authors found that drivers who used their telephones, whether hand held or hands free, were four times more at risk of a collision than those who did not. This risk factor was similarly found in an Australian study last year where the authors concluded that drivers using a mobile telephone when driving were four times more at risk of having a road crash resulting in hospitalisation. All the data are there, begging the question as to why it has taken us so long to take action.

A change in the law is useless without enforcement. As we saw with the introduction of penalty points in 2003, people will change their behaviour but only if they think there is a strong chance that they will be caught. I mention this because we are very weak in many areas of enforcement on road safety. A Europe-wide survey, reported in January, indicated that apart from Italy we have the worst record of breathalyser tests of the 25 EU countries. One must ask why in two Garda divisions last year not a single breathalyser was used. One of the Garda divisions, Dublin south, covers part of the Minister's constituency. The other was the Dublin north-central division.

Róisín Shortall (Dublin North West, Labour)
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I refer to the Garda division of Dublin south. It is extraordinary that not a single breathalyser was used in those two divisions.

Róisín Shortall (Dublin North West, Labour)
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There is no explanation for this and I urge the Minister to raise this with the Garda Commissioner and discover the reason for it.

Róisín Shortall (Dublin North West, Labour)
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Other Garda divisions have figures for between 700 and 900 and Galway is the highest with 1,200 breathalyser tests administered last year.

Róisín Shortall (Dublin North West, Labour)
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At some level within the Garda Síochána, or at political level, a decision has been taken not to use the breathalyser. I ask the Minister to investigate as this is quite significant and should be explained.

A reply to one of my parliamentary questions from last week shows that despite the introduction of a Garda traffic corps, the number of speeding fines issued last year was the second lowest in the past six years. This amounts to less than half the number of fines issued in 2001. A similar trend exists for safety belt fines but I do not accept the level of compliance has changed so dramatically.

Róisín Shortall (Dublin North West, Labour)
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Therefore this suggests a reduction in the enforcement rate by gardaí. In 2001 there were 272,000 fixed charge fines for speeding. This dropped to 143,000 last year. Experience suggests there is a major problem with speeding. If one is driving at the speed limit, one is invariably passed out by umpteen other drivers. Why has there been a dramatic reduction in the enforcement of the law in this regard?

Róisín Shortall (Dublin North West, Labour)
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I accept this but I am discussing speeding. Why did the number of fines last year drop to half the total for 2001? There is a correlation between that and the rising fatalities and serious injuries on our roads. This imbalance must be examined in conjunction with the Garda Síochána and there must be some measurement of Garda activity in this regard.

Surely we have learned the lesson that changing the law will not suffice. Curtailing mobile phone use requires a properly resourced, adequately trained and committed Garda force driven by the philosophy that enforcement saves lives. For too long the political and policing culture of this State has placed popularity above resolute law enforcement. It is time these priorities changed.

While we must encourage drivers to respect the law, there is little provision for lay-bys on our national routes. Such stopping points are standard across the United Kingdom, a country that is increasingly taking road safety seriously. The Minister should request the National Roads Authority to produce proposals and costings for additional lay-bys and appropriate signage so that motorists can stop when they need to use their phone. I cannot understand the policy pursued by the NRA which does not make provision for service stations along motorways.

Róisín Shortall (Dublin North West, Labour)
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Recently I travelled from Whitehall to Newry. The M1 is a terrific new road but there was no place to stop between Whitehall and Newry. I was conscious of this because I wished to purchase petrol, but let us consider drivers who travel long distances and who are tired. Some wish to stop, have a cup of coffee and make a few telephone calls, but there is no way of doing this.

Róisín Shortall (Dublin North West, Labour)
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We have long stretches of motorway, which is to be welcomed, but none of them has service stations or decent lay-bys. People need to make telephone calls while on a long journey and we should facilitate them in doing so safely.

The Labour Party supports this initiative but the absence of data in this area poses a problem. We do not know how many collisions or fatalities are caused by mobile telephone use while driving. If the Garda cannot provide data on enforcement levels, we will never be able to evaluate the effect of this provision.

I note that the Government is not opposing this Bill.

Róisín Shortall (Dublin North West, Labour)
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I have noted successive promises to address this since 2004.

Róisín Shortall (Dublin North West, Labour)
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I will not hold my breath but I note the Minister's undertaking to introduce the legislation necessary to outlaw mobile telephones. I hope he will follow through on this undertaking in this Dáil session. He will have the full support of the Labour Party if he does so. The Minister has been making excuses for years why he could not introduce this legislation.

Róisín Shortall (Dublin North West, Labour)
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I refer to Deputy Cullen, his predecessors and the Ministers of State. He has finally found a way that did not involve rocket science. Did this happen as a result of this Bill?

Róisín Shortall (Dublin North West, Labour)
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Whatever way it came about, I welcome the fact that he is eventually going to make progress. As with any road safety measure, the bottom line is delay means death. We cannot afford to delay these measures any further. I look forward to the early introduction of legislation outlawing the use of mobile phones.

Kathleen Lynch (Cork North Central, Labour)
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I congratulate the Fine Gael Party and Deputy Olivia Mitchell for introducing legislation to address the most glaring omission in road safety in Ireland. I recently drove from Cork to Belfast and back and noticed that our roads are very dangerous. As the Minister does not live in Dublin, I am sure he drives home twice per week. I do not understand how we saw only one speed trap during the journey. While travelling at the speed limit, 70 mph, a bus carrying schoolgirls at the younger end of the secondary cycle passed us out with ease. The driver was travelling at speeds of at least 80 mph.

Evidence suggests that mobile telephones are dangerous. Recently I was stopped in traffic in the middle lane of three lanes, two of which go south, one north. A truck that dwarfed me turned a tight corner on an old street in Cork. The driver held the mobile telephone to his left ear with his right hand while turning the truck. One could not calculate the damage that might have been done had the driver miscalculated the turn or the wheel slipped. Professor Robert Winston, not a man to overstate or exaggerate the facts, deals with development and human behaviour. He recently carried out a fascinating experiment in which a policeman who was an expert driver, just like the drivers outside the door here, in an ordinary saloon car, did a chicane in 11.3 seconds. Mr. Winston asked the policeman to repeat it while he tried to distract him. Anyone would lose concentration while doing that. He distracted the driver by asking him to subtract 11 from 1,000 cumulatively. He got half way through the chicane before he lost control of the car. One cannot take in visual information and think at the same time. That is why the Minister should ban mobile phone use in cars as a matter of urgency.