Fergus O'Dowd (Louth, Fine Gael)
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Question 4: To ask the Minister for Transport when he will legislate for mandatory alcohol testing at road accidents; and if he will make a statement on the matter. [39933/09]

Noel Dempsey (Meath West, Fianna Fail)
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I have included provision for the mandatory testing for alcohol of drivers involved in road traffic collisions in the new Road Traffic Bill, which was published on 30 October 2009. The proposal is that mandatory testing of a driver at a collision will be undertaken by a member of the Garda Síochána where an injury is caused to another person that requires medical assistance. This addresses a specific action in the Road Safety Strategy 2007-2012 to "ensure appropriate legislation and protocols to address the testing of road users involved in collisions". It also meets a commitment I have made on a number of occasions to include a suitable provision in the Road Traffic Bill.

Following its publication, the Bill will be considered by the Oireachtas in due course. Once the Bill has been finalised and approved by the Oireachtas, and signed into law, commencement of the various provisions, including this one, will proceed. In the meantime, the current position is that the Garda Síochána has discretion under road traffic legislation to require a driver involved in a collision to provide a preliminary breath specimen. The discretion was provided in acknowledgement of the fact that urgent medical attention may be required for seriously injured victims, and that must take precedence over breath testing. While that remains the case, the provision in the new Road Traffic Bill makes it clear that a breath specimen must be taken unless there are particular overriding circumstances for not doing so.

A garda may also currently request a blood or urine sample from a driver who is in hospital following a vehicle incident, where the garda believes that the person was intoxicated at the time. The new Road Traffic Bill also strengthens this provision, by placing an obligation on the driver involved in a collision to provide such a specimen while in hospital. Both these provisions are part of the package of issues addressed in the Road Traffic Bill in regard to intoxicated driving in particular.

Fergus O'Dowd (Louth, Fine Gael)
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I welcome the introduction of mandatory testing. On Wednesday, 17 October 2007, on foot of the Fine Gael motion on the issue the Minister changed his mind and agreed to introduce the provision. At that time it was expected that we would have the legislation within three months but it has taken more than two years to get to this point.

I support what the Minister is doing. One of the issues that arises is how the Garda will carry out the mandatory testing and enforce the regulations given the cutbacks in Garda overtime. The Department should also be dealing with other significant issues. For example, the Garda have ceased testing HGVs and some other vehicles on health and safety grounds. A number of inspections have been withdrawn because it is not safe for the Garda to carry them out, as the space is not available for such inspections on the national road network. I support what the Minister is doing, but if we are to continue to have mandatory testing we need to ensure that where the Garda stop people that it is safe and that people are pursued in a safe and proper way.

Statistics from the World Health Organisation website on the proportion of drivers in the European Union checked by the traffic police for alcohol impairment between 2003 and 2006 reveal that this country had one of the lowest levels of testing. At that time approximately 4% of drivers had been tested once and 3% had been tested more than once, whereas in many other countries the figures are approximately 26% and 38% respectively. A significant issue arises about enforcement and resources.

Noel Dempsey (Meath West, Fianna Fail)
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In recent years, in line with a commitment made by this and previous Governments, the number of members of the Garda traffic corps, which was specifically set up to target road traffic offences, has been increased. The commitment was made to 1,200 members and that level has been reached. The members are dedicated primarily to road traffic duties. The effects of that change are clear to see. I accept the point that in the past the level of visibility, testing and enforcement was not as high but that is not something that can be said, especially in the past five years. The traffic corps is proving effective. As the Deputy has acknowledged on a number of occasions we are reducing the number of deaths and injuries on the roads. I expect that the current level of enforcement will be maintained or increased because the traffic corps is a dedicated part of the force and it should be able to organise its work in such a way that testing can be carried out during ordinary hours of duty.

Fergus O'Dowd (Louth, Fine Gael)
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The figures are from between 2003 and 2006 and I acknowledge that random testing has been introduced since then. However, the key point is that while the Garda traffic corps is dedicated primarily to traffic duties, it is not solely employed for that purpose and given the cutbacks in Garda overtime gardaí are not as available as they would like to be, especially at weekends when much overtime needs to be done, particularly late at night. Will the Minister contact his colleague, the Minister for Justice, Equality and Law Reform, about this issue? I cannot get the facts from him in reply to a parliamentary question on the figure for overtime in the Garda traffic corps. While acknowledging the improvements that have come about, the issue is a serious one and everyone wants to see more compliance and regular testing.

Noel Dempsey (Meath West, Fianna Fail)
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Given the current economic circumstances the Garda overtime bill, which is not a matter for me - so I will not comment on it - has been reduced. There is no doubt about that. In the current circumstances, there is a general acceptance that we must reduce or adjust our expenditure to the tune of approximately €4 billion in this year's budget. That cannot be done without changing work practices.

I acknowledge the role the Garda traffic corps has played. It has been and should be possible to deploy its members during a regular eight hour shift. Admittedly, that will be during unsocial hours but the work has to be organised in that particular way. No one can have any guarantees on overtime, be it in the health service, the Garda Síochána or any other sector in the future. We have to be flexible and change work practices and ensure that the services are available at the time they are needed by the public.

Fergus O'Dowd (Louth, Fine Gael)
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Question 5: To ask the Minister for Transport the progress made in implementing the commercial vehicles testing review report in 2007; and if he will make a statement on the matter. [39934/09]

Noel Dempsey (Meath West, Fianna Fail)
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Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006, SI No. 477 of 2006, the Road Safety Authority, RSA, has responsibility for matters relating to vehicle testing, including commercial vehicles. One of the early tasks for the RSA was to undertake a comprehensive review of the arrangements for the roadworthiness testing of commercial vehicles in Ireland. In 2008, I approved reform proposals from the authority, which recommended two key courses of action to raise roadworthiness standards on a permanent basis.

The first element is an overhaul of the complete commercial vehicle roadworthiness testing system, addressing the testing process, development of a programme of roadside inspections to ensure continuous compliance, and the introduction of operator premises checks and intelligence-led targeting of operators based on risk. The second element is a proposal that the responsibility for the management and operation of the commercial vehicle testing system be transferred from local authorities to the RSA.

The overall objective of the transformation programme is to make a step change in the quality of commercial vehicles using Irish roads and thereby help improve road safety, reduce congestion, ensure fair competition, develop a much greater awareness of road safety issues and improve the culture of safety within the transport industry. The phasing and means of resourcing implementation of the reform plan is under consideration in light of current constrained Exchequer circumstances.

Fergus O'Dowd (Louth, Fine Gael)
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The key point is that the overhaul of commercial vehicles roadworthiness testing commenced following the tragic crash in Navan where, sadly and tragically, five teenagers lost their lives. Following that, the first task of the Road Safety Authority was to do that report. The Minister's colleague, the then Minister for Transport, Deputy Martin Cullen, was responsible for that. In April 2007, the report was presented to the Government.

In February 2008, the Minister said the overhaul would happen immediately. I have the press statement here. The expectation was that the Road Safety Authority, RSA, would take over responsibility for the future management and operation of the vehicle testing system for local authorities and that there would be a major overhaul of the system. That has not happened to date. The Road Safety Authority is not in charge, does not have oversight and does not have all the facts and statistics relating to the number of heavy goods vehicles, public service vehicles and so forth that are dangerous but are on our roads. It cannot and does not have responsibility for them, because the Minister did not do his job.

Noel Dempsey (Meath West, Fianna Fail)
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That is not correct. Ministers are not supposed to get involved in industrial relations, IR, issues within Departments. The report was presented to and was approved by the Government. It was considered that the best and most effective way of doing this was to transfer responsibility for it to the RSA. That was agreed by Government. I also secured funding through an increase in fees and this is available to the RSA. However, there are IR issues relating to the transfer of this function from the local authorities to the RSA. I am not in a position to resolve those issues. It is another good example of where there must be increased flexibility within the public service to ensure that the public, as the Deputy correctly said, gets the type of service it deserves. The sooner this matter is resolved between the RSA and the local authorities, the better. The roads will be safer. As far as I am concerned, those involved in holding up the process should desist, allow the RSA to take over and allow staff to be redeployed and get on with the job.

Fergus O'Dowd (Louth, Fine Gael)
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I would go further than the Minister. They should be sacked.

The Minister cannot accept that after two years this transfer has not happened. According to the report, testing standards were not applied uniformly throughout the country, there is considerable scope for unscrupulous or careless operators or test centres not to be compliant with current regulations and test results could be retrospectively changed. That could be extremely dangerous. If a lorry or a bus on the road had a bad report, it could be changed retrospectively to a good report. It is a very serious issue and it is not good enough for the Minister to hide behind the officials who might well be frustrating this. He is the Minister.

This arose from the accident that occurred in the Minister's constituency. I am not labouring this point but it was the first task of the Road Safety Authority to get this done. It has not happened and the Government has not delivered on this issue. Does the Minister accept that there are dangerous and unsafe lorries and buses in some parts of the country, because although many of these test centres are excellent, some of them are not doing their job? It is dangerous and unacceptable that the Minister has not insisted on change by now.

Noel Dempsey (Meath West, Fianna Fail)
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The Deputy is being rather unfair. I was talking about the administration of this system. The Deputy is conveying the impression that no testing is taking place or there is a lack of testing.

Fergus O'Dowd (Louth, Fine Gael)
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No, that the problem still persists because the Road Safety Authority is still not in charge.

Noel Dempsey (Meath West, Fianna Fail)
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That would be unfair. It is illegal for somebody to retrospectively change vehicle testing certificates. If the Deputy has knowledge of that-----

Fergus O'Dowd (Louth, Fine Gael)
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It is in the report.

Noel Dempsey (Meath West, Fianna Fail)
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If he has personal knowledge of that, he should report it to the Garda or to me, and I will report it.

Fergus O'Dowd (Louth, Fine Gael)
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I am reporting it to the Minister.

Noel Dempsey (Meath West, Fianna Fail)
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The Deputy should give me the details.

Fergus O'Dowd (Louth, Fine Gael)
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It is in the report.

Noel Dempsey (Meath West, Fianna Fail)
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Those are cases that were detected. Deputy O'Dowd is making the case that this is still happening-----

Fergus O'Dowd (Louth, Fine Gael)
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I am making the case that the Road Safety Authority is not in charge of these centres.

Brendan Howlin (Wexford, Labour)
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Allow the Minister to conclude his answer to the Deputy's question.

Noel Dempsey (Meath West, Fianna Fail)
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The RSA vehicle inspectorate participated in 225 roadside checks in 2008, an increase of more than 100% on 2007. Roadside checks were completed on 3,252 vehicles. These checks revealed that 1,350 of the vehicles had some defects. The RSA vehicle inspectorate made 280 vehicle testing network test centre visits in 2008 to ensure compliance with commercial vehicle test centre standards and consistency of testing. The impression should not be created that nothing is happening in this area. There is one major issue that still must be resolved, that is, the staff going from local authorities to the RSA.

Fergus O'Dowd (Louth, Fine Gael)
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Who oversees the system?

Noel Dempsey (Meath West, Fianna Fail)
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The RSA is very diligent in ensuring both the roadside testing and the visits to centres continue.

Fergus O'Dowd (Louth, Fine Gael)
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The roadside testing has stopped.

Brendan Howlin (Wexford, Labour)
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That concludes priority questions. We will now proceed to other questions.