Fergus O'Dowd (Louth, Fine Gael)
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Question 4: To ask the Minister for Transport the reason for the delay in the introduction of legislation to allow for testing of drivers for alcohol and substance abuse at the scene of accidents; and if he will make a statement on the matter. [13832/09]

Noel Ahern (Dublin North West, Fianna Fail)
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The text of the road traffic Bill, which, inter alia, proposes a reduction in the legal blood alcohol content level for drivers and introduces measures for the mandatory testing for alcohol of drivers involved in road traffic collisions, is currently being drafted and is nearing completion. The Road Traffic Acts already provide that a member of the Garda Síochána may test a driver involved in a road traffic collision for alcohol. The Acts also provide for the testing of drivers in relation to 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 the vehicle, he or she may require that person to go to a Garda station and further require that person to submit to a blood test or provide a urine sample.

There is as yet no reliable system of preliminary roadside testing for drugs, but the Medical Bureau of Road Safety is keeping abreast of developments in this area. The draft road traffic Bill includes provisions for "field impairment testing", which consists of non-technological methods by which gardaí can make a preliminary assessment about the possible presence of drugs.

Fergus O'Dowd (Louth, Fine Gael)
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The fact is that the Government gave a commitment in October 2007 to bring in this legislation. We have waited until now, but it still has not come in. There is no reliable method to hold the Government to account here. They made a promise in 2007, but it has not happened.

We all support the road safety campaign and the reduction of deaths that has occurred, but is the Minister of State aware that PARC also received this promise from his predecessor? When his brother was Taoiseach, he gave the same commitment. The reality is that until a driver knows that he will undergo mandatory testing for alcohol and drugs when involved in an accident, there will be no more significant reduction in road deaths. It is not good enough for the Minister of State to say that it is being prepared. It will never happen under his Ministry.

Noel Ahern (Dublin North West, Fianna Fail)
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I might have been a bit over optimistic previously, but I think the Deputy got mixed up in his years. It was October 2008 that the Government——

Fergus O'Dowd (Louth, Fine Gael)
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It was in October 2007. I have the headline here.

Brendan Howlin (Wexford, Labour)
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It is not appropriate to display materials in the House.

Fergus O'Dowd (Louth, Fine Gael)
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Well here it is.

Noel Ahern (Dublin North West, Fianna Fail)
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It was in October 2008 that the Government approved the drafting of the Bill.

Fergus O'Dowd (Louth, Fine Gael)
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One year later.

Noel Ahern (Dublin North West, Fianna Fail)
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It is not October 2009 yet. We hope to enact provisions so that breath testing can be undertaken as a matter of course, subject to any overriding medical considerations, rather than the current authority where the garda may do it. We want to make that the norm, even though we must allow for some medical issues. Legislation takes a while to prepare and it goes back and forth a bit. There is always pressure in the Department and in the Parliamentary Counsel's office, but it is coming.

Fergus O'Dowd (Louth, Fine Gael)
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I do not think that response is good enough. The promise was made in October 2007 and the Government made the decision then. Fianna Fáil has been in the Government for too long and it does not have the drive or the energy to bring this in. It is something which the Road Safety Authority is anxious to see enacted.

Tommy Broughan (Dublin North East, Labour)
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The Government is totally knackered at this stage.

Fergus O'Dowd (Louth, Fine Gael)
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Absolutely. When will the Minister of State give an absolute commitment for the legislation to be brought before the House? Will it include the commitment to reduce the amount of alcohol that can be consumed before driving?

Noel Ahern (Dublin North West, Fianna Fail)
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We are working on it. Drafts of the legislation have been done. I got caught before for being over-optimistic, so I do not want to say that it will happen in two weeks or two months, but a substantial amount of work has been done and we are committed to bringing it in.

Fergus O'Dowd (Louth, Fine Gael)
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When will it be brought in?

Noel Ahern (Dublin North West, Fianna Fail)
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It could be a month or it could be three months.