Dáil debates

Wednesday, 17 December 2008

Other Questions

Road Traffic Offences.

2:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

Question 66: To ask the Minister for Transport his views on the issue of driving under the influence of drugs; and the measures, in conjunction with other Departments, he will take in this regard. [40849/08]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

Driving under the influence of intoxicants, which includes prescription, non-prescription drugs and alcohol, is one of the primary causes of road fatalities and a serious road safety issue.

The Road Traffic Acts provide for the testing of drivers under the influence of drugs. If a garda is of the opinion that a driver is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of a vehicle, he or she may require that person to attend a Garda station, and further require that person to submit to a blood test or provide a urine sample.

The Medical Bureau of Road Safety is keeping abreast of developments in the area of preliminary roadside testing for drugs, but there is as yet no reliable system available. In the meantime, the road traffic and transport Bill, currently being drafted, includes provisions for field impairment testing, that is, non-technological methods by which the Garda could look for the presence of drugs. The Bill is expected to be published early next year.

The Minister for Health and Children, in collaboration with the Road Safety Authority, recently launched a new road safety leaflet entitled Medicines and the Driver. The new leaflet highlights the effects that prescription and non-prescription medicines can have on a person's ability to drive safely. The leaflet also gives advice on how to avoid driving under the influence of medicines. I understand the Road Safety Authority hopes to collaborate in an initiative with the pharmacy sector shortly, whereby such information will feature on the bags used by pharmacy outlets.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

I thank the Minister of State for his reply. I have been very concerned, as have my constituents and people throughout the country, with the very significant increase in the number of people taking drugs in every town, village and county in the country. I spoke with some doctors this morning and we discussed the admission into psychiatric hospitals of people who have taken drugs. If this is happening, there must be more people driving under the influence of drugs. I welcome the compulsory testing measures for drink driving. The time has come in Ireland and every other country to put a test in place. There must be compulsory testing on a regular basis of people driving under the influence of drugs. There is no doubt there are hundreds of people killed in the country every year by people who have taken drugs and who subsequently walk away. We do not have the relevant figures. How close are we to having some compulsory drug testing in the country both for drivers and in the workplace?

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

I used to have responsibility for the drugs strategy and I am aware of the issues referred to by the Deputy. At present, there is no recognised system by which the Garda can test people on the road. In some countries throughout the world trials are ongoing and we will wait and see how they develop. Such trials are not at the stage where they could be in place on a legal basis, because various people in the courts and elsewhere would drive a coach and four through arguments based on such trials. Part of the function of the Medical Bureau of Road Safety is to keep abreast of developments in that regard. As soon as there is a reliable roadside test for drugs, we will change the legislation to allow its implementation. I agree with Deputy Ring. There is mandatory testing for alcohol but not for drugs, which is illogical. However, we cannot proceed until such time as the system is in place. The new legislation will help the Garda to request that people walk in a straight line and so on.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

A Medical Bureau of Road Safety study found that one in three drivers who test negative for alcohol test positive for drugs. Hibernian Insurance carried out a survey the results of which indicated one fifth of drivers under 35 years of age were under the influence. The Minister of State indicated there are no operational drug tests anywhere in the world. However, they are in place in several Australian states, such as Queensland, where a major roadside drug testing policy is under way. Tasmania is introducing its policy involving a particle detection test. Can we not emulate such places and have this fundamental issue dealt with once and for all?

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

I accept trials are ongoing in different parts of the world.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

They are not trials, they are tests.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

They are not yet at a stage where they would stand up to a rigorous legal system.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

The Minister of State should check it out.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

The Medical Bureau of Road Safety is especially keen to keep abreast of such developments. As soon as such trials can stand up to such rigour, I hope they will be introduce as quickly as possible. Under the current system, if tests prove negative for alcohol, they are automatically tested for drugs. That is already in place. We wish to reach a stage where there is the equivalent of mandatory testing for drugs.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

Only if the Garda is allowed.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

That was exactly the point I intended to raise with the Minister of State. One year ago, the Minister promised he would introduce legislation on mandatory testing at the scenes of accidents. If this were introduced and included a provision whereby a blood sample is tested for other substances, it would give an accurate figure of those who are in accidents. Those are the people who would have taken more than most other people.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

I intended to ask the question raised by Deputy O'Dowd. Is data available on people who were tested following accidents who did not fail an alcohol test but who were found to have taken drugs? Such data would show the amount of people tested. I agree with the remarks of Deputy O'Dowd. We must do something as this is a very serious problem. The country is rife with drugs and the problem is increasing in every section of society. Some people are driving like lunatics killing others on the roads and we must do something about it.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Hear, hear.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

Such people should at least be charged or put in jail if another person is killed.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

There is another parliamentary question tabled dealing with testing at the scene of accidents.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

The Minister of State could deal with that now.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

We will include measures related to that in the new Bill. Deputy Ring referred to people driving like lunatics. I accept there are some people using drugs and that we must deal with them. However, the number of road fatalities this year is reduced considerably from the numbers of previous years. While there are people transgressing the law who we wish to catch, we must accept that generally there is a good deal of buy in from many motorists who obey the law.