Dáil debates

Tuesday, 5 February 2008

3:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Question 109: To ask the Minister for Transport if, following his supportive comments on the need to reduce the legal blood alcohol level here, he will push ahead with the lowering of this level in advance of the original end of 2009 deadline; and if he will make a statement on the matter. [3473/08]

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Question 166: To ask the Minister for Transport when he will receive the recommendation of the advisory panel on the blood alcohol limit; when he expects to be in a position to announce his decision on whether he will lower the blood alcohol limit for drivers to 50 m/g; and if he will make a statement on the matter. [3418/08]

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I propose to take Questions Nos. 109 and 166 together.

The Road Safety Strategy for 2007-2012, which was launched in October 2007, identifies the need to legislate for and introduce a reduction in the legal blood alcohol content, BAC, level for drivers but it does not specify what that level should be. The Government has accepted the Road Safety Authority's recommendation that the BAC level should be reduced. The precise level to which the BAC will be lowered will follow consideration by me of the advice of the RSA. I expect to receive that advice in the near future.

A number of issues will inform the recommendations of the RSA, including known driver behaviour, past offending rates, analysis of data held by the medical bureau of road safety, enforcement practicalities and best international practice. As the current blood alcohol level is set out in the Road Traffic Act 1994, changing that level will require an amendment to primary legislation and I will bring a road traffic Bill to Government as quickly as possible.

Any amended level will also require the recalibration and subsequent recertification of the technology used for testing blood alcohol levels, such as evidential breath testing machines in Garda stations and roadside breathalysers, and this will take some time. With this in mind I am not in a position at this stage to say exactly when a revised blood alcohol level will be fully operational but I will endeavour to improve on the 2009 second quarter target contained in the road safety strategy.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I thank the Minister for his reply. Every European country has a blood alcohol limit of 0.05% except for Ireland and Britain, which both have limits of 0.08%.

Will the Minister consider a lower limit in respect of drivers on learner licences? The evidence clearly indicates that younger drivers with blood alcohol content of above 0.02% are more likely to be involved in accidents.

This side of the House would support reductions in blood alcohol levels. The road safety strategy originally set out a reduction to 0.05% but this provision was removed. The Department of Health and Children wrote to the Minister to express its belief that the 0.05% limit should be included in the strategy. All the information I have read, from Europe, America and elsewhere, states that driving capacity is reduced when blood alcohol levels exceed 0.02%, whereas there is no evidence anywhere that it is safe to drive with levels above 0.05%. It is not safe and therefore we should not be drinking and driving.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I reiterate for the Deputy that the final version of the road safety strategy did not contain any recommendation other than the limit should be reduced and that the Road Safety Authority should advise me once it conducted its research on the matter.

In regard to the 0.08% limit in the UK and Ireland, there is a belief that a reduction in the limit would automatically reduce the number of road deaths. I have investigated the statistics throughout Europe and found that some countries with limits as low as 0.02% have the highest rates of road deaths.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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It is a question of enforcement.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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There is no single answer to this problem. I am not saying blood alcohol levels are not a factor but they are not the only one. The UK and Ireland are alone in respect of the 80 m/g limit but the UK has some of the best road safety statistics of any country in Europe.

Unlike older generations, young people are much more careful about drinking and driving, although I may be proven wrong when the statistics are produced.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Those who are dying are the young people to whom the Minister referred.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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It has more to do with speed in the case of younger people. I have no statistics to support my opinion, which is based on experience and anecdotes. I am of the view that more young drivers are killed as a result of speed and drugs than are killed by the consumption of alcohol and that more older drivers are killed as a result of the latter. The research carried out by the RSA, with which I am due to be presented before the end of March, will inform my views on this matter.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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I wish to express my sympathy and that of the Labour Party to the families that were so tragically bereaved in recent days. In light of the weekend's events, is the Minister not being incredibly lethargic? Is not the ongoing, terrible carnage on our roads utterly unacceptable? The buck stops with the Minister and he must take responsibility. Is it time to declare this matter a national emergency? If the Minister wishes, later this week, to introduce legislation relating to people who do not possess proper licences, who have 12 penalty points or whatever, the Labour Party, and I am sure Fine Gael, would facilitate its passage.

The Minister vetoed the proposal to reduce the blood alcohol limit to 0.5. He decided last October that it would not be possible to introduce what, effectively, would be a non-drink drive limit. The Minister bears responsibility and he did not have the political courage to take this decision. Given that alcohol appears to be a factor in approximately 37% of collisions and crashes, is it not incredible that he decided not to take action?

If one considers the wider picture, the Minister failed to introduce key legislation in respect of driving offences. Gay Byrne, the chairperson of the RSA, went ballistic yesterday and almost threatened to resign because the Minister will not expedite the placement of additional cameras throughout the country. Most people agree that speeding is the decisive factor in the majority of collisions. Does not the Minister bear responsibility and is this not an emergency?

We welcomed the fact that there was a small reduction in the number of collisions last year. However, the position in respect of 2003 was similar. The carnage that has occurred during the past eight or ten years — the events of last weekend disgusted and dismayed people — is completely unacceptable. This is an emergency situation. The Minister should take responsibility and should stop referring to drink driving limits, road traffic offences and cameras.

Reference was made to the UK. The point about that jurisdiction is that the authorities there engage in much stricter enforcement of existing traffic laws. Is it not time we established a totally separate traffic corps that would be answerable to itself and to the Minister for Transport and that would enforce the traffic laws?

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I do not know whether Opposition Deputies can be asked to stop misleading the House. I did not veto anything.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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The reports indicate that the Minister did so and that he placed an "X" beside——

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I accept that——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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In procedural terms, the Minister will accept that, no more than any other Member, he is not allowed to suggest that someone is misleading the House.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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On a point of order, I was of the view that I could suggest someone was misleading the House but that I could not state that he or she was telling lies.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I also thought that was the position until I read the relevant Standing Order. The Minister is not allowed to make such suggestions.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I propose that the Minister be suspended.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I will take what Deputy——

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Is it a fact that the Minister placed an "X" beside the proposal to reduce the blood alcohol limit to 0.5 when it was presented to him?

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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The Deputy made an accusation that I vetoed a proposal which was presented to me. I did not do so.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Did the Department express its concerns?

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I have stated previously, since I became Minister for Transport and when I served as Minister for the Environment, Heritage and Local Government, that I take road safety more seriously than any of my predecessors. We put in place the first road safety strategy when I was Minister for the Environment, Heritage and Local Government.

I will not refer to crashes that occurred at the weekend or at any other time because they are matters for the Garda. However, I will not take responsibility for accidents that occur because people do not obey the laws relating to speeding or alcohol, because they overtake in places where they should not do so or whatever. I never will take responsibility for such matters. I will, however, take responsibility for putting in place the strategy and then, in so far as is possible, trying to ensure it is implemented in respect of the areas for which I and my Government colleagues have responsibility.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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That is just not happening.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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We have a serious problem. When I arrive at my office each morning, the first thing with which I am presented is a sheet listing the latest position in respect of road deaths and injuries. I requested that this information be provided as a matter of priority because I take this matter seriously.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Dr. Declan Bedford, an expert residing and working in County Meath, stated, in respect of the analysis he carried out regarding road deaths in Ireland over a particular period, that one quarter of the people who died in the accidents he investigated had taken alcohol of a level between 20 and 50 milligrams. Does the Minister accept that this is the case? Does he also accept the results of a survey carried out in the Border counties and County Meath which indicates that alcohol was a contributory factor in 58% of single vehicle accidents involving fatalities in those areas? It is wrong for the Minister to state that young people do not drink and drive. It is true that young people, more than any other group of statistically significant individuals, take taxis. However, they do drink and drive and are killed.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I did not say that young people do not drink and drive.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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The Minister implied it.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I said what the Deputy alluded to in his second statement, namely, that young people are more likely to use taxis, select a designated driver or make some other arrangement. It is unfair to make a blanket criticism of young people because they are making——

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I am not criticising them.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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——major efforts. In the debate on this matter, everybody tends to dump on young people and that is grossly unfair. I accept the Deputy's comments on Dr. Bedford's fine research in this area. However, that research did not indicate whether the people with the relevant level of alcohol in their blood actually caused the accidents in question. I am awaiting information and statistics from the RSA in this regard.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Does the Minister accept what the research indicates in respect of single vehicle accidents?

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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There is no doubt that alcohol is a major factor. It causes or is a factor in approximately 37% of accidents. There is an argument for reducing the limit to 0.2, or 20 milligrams, for younger drivers on the basis that they have less experience and may not be able to cope with the effects of alcohol as well as others. There are arguments on both sides.