Tom Hayes (Tipperary South, Fine Gael)
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Question 45: To ask the Minister for Transport his view on the French and the Australian State of Victoria's mechanisms for testing for suspected drug driving; and if he will make a statement on the matter. [42989/10]

Noel Dempsey (Meath West, Fianna Fail)
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Driving under the influence of intoxicants, drugs and alcohol, is one of many key issues in road safety. Testing of drivers in respect of drugs is already provided for in the Road Traffic Acts. Section 49 of the Road Traffic Act 1961, as amended by the Road Traffic Act 2004, provides that where a member of the Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such extent as to be incapable of having proper control of that vehicle, he or she may require that person to go to a Garda station and there submit to a blood test or provide a urine sample.

The issue of roadside drug testing was discussed as recently as August 2010 at the International Conference on Alcohol, Drugs and Traffic Safety. It is agreed that there are scientific and legal issues to overcome in respect of roadside drug testing. Some of the issues include, the limitations in the choice of drug for detection, the level of detection of each drug class and the amount of specimen required.

The Medical Bureau of Road Safety is aware of the mechanisms for testing suspected drug driving operated by the French and Australian State of Victoria. Both jurisdictions are operating limited roadside saliva testing using the technology that is currently available. The bureau is aware that some other Australian States and other European jurisdictions, including Belgium, are preparing for the introduction of saliva testing and the bureau will continue to review the forensic options available as the technology develops.

In the meantime, the Road Traffic Act 2010 includes provisions for "field impairment testing", namely, non-technological methods by which the Garda can make a preliminary assessment about the possible presence of drugs.

Tom Hayes (Tipperary South, Fine Gael)
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The Medical Bureau of Road Safety carried out a survey in 2001. Is it not time another survey was undertaken? In excess of €650 million is being spent annually here on illegal drugs. People are extremely concerned about this issue. Is it not now time that another survey be undertaken with a view to discouraging young people from engaging in drug misuse or driving cars while such substances are in their bodies? It is important this information is updated. Perhaps the Minister will consider having another survey undertaken.

Noel Dempsey (Meath West, Fianna Fail)
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I agree that the more information collated and published the better. I assure the Deputy that the medical bureau continues to analyse blood and urine samples received from the Garda Síochána under any of the road traffic Acts not alone for alcohol but for drugs. Much of the data obtained from research and testing is used. Under a roadside drug testing assessment project, the levels of drugs in blood, urine and saliva, using a range of drug screening devices, in approximately 3,000 cases have been examined. A Rosita-2 project was carried out from 2003-2005 to evaluate the usability and reliability of on-side saliva testing. However, following research, it was determined that none of those tests were sufficiently reliable as to allow us legislate for their use on a regular basis.

I assure the Deputy, whom I acknowledge is as concerned about this matter as am I, that as soon as a robust mechanism is found we will be in a position to move on it.

Tom Hayes (Tipperary South, Fine Gael)
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Is the Minister in a position to set out a timescale in respect of putting a mechanism in place? There has been much research in this area and we are aware that people abuse the situation. When does the Minister envisage progress in this area? Can he indicate a timescale? Will a test be in place in six months, 12 months or two years time? It is important to address this issue. Speed cameras have been put in place, as is testing in respect of drink driving. However, there is wholesale abuse in the area of drug driving.

Noel Dempsey (Meath West, Fianna Fail)
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The question of a timescale does not arise. We must first come up with a device that will prove robust in terms of testing. The Rosita-2 project was carried out. Nine different devices were evaluated across six countries in Europe, including Belgium, Finland, Germany, Norway, Spain and France and five States in the United States through a series of laboratory and field based evaluations, six of which had a failure rate of 25% or greater. It is a matter of research and science coming up with a suitable device, in respect of which I cannot give a timescale.