John Halligan (Waterford, Independent)
Link to this: Individually | In context | Oireachtas source

3. To ask the Minister for Transport, Tourism and Sport in view of his clearly stated priority to keep road fatalities and injuries down and taking into account the fact that alcohol is estimated to be a contributory factor in at least one in three fatal road collisions, if he will undertake to examine the proposals of the Brendan’s Law campaign to introduce mandatory penalties for drink drivers in fatal accidents and to automatically suspend the licence of a driver involved in a fatal accident who subsequently fails a breathalyser test; if his attention has been drawn to the fact that several other countries in the European Union already follow these stipulations; and if he will make a statement on the matter. [37072/14]

John Halligan (Waterford, Independent)
Link to this: Individually | In context | Oireachtas source

I wish the Minister well in his well deserved appointment. In the light of his clearly stated priority to keep the numbers of road fatalities and injuries down and taking into account the fact that alcohol is estimated to be a contributory factor in at least one in three fatal road collisions, I ask whether he will undertake to examine the proposals of the Brendan’s law campaign to introduce mandatory penalties for drink drivers involved in fatal accidents and automatically suspend the licence of a driver involved in a fatal accident who subsequently fails a breathalyser test. Other countries in the European Union already follow these stipulations and I am interested in hearing the Minister's remarks on the matter.

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy for his kind words. Before I respond to his question, I offer my condolences to the families who have been affected by tragic deaths on the roads, specifically the family who were affected so tragically that they have dedicated their grief to doing all they can to ensure a similar fate does not befall other families. I acknowledge the grief and loss that lie behind the campaign to which the Deputy referred.

This is a matter I take extremely seriously. The key to reducing the tragic loss of life and serious injuries on the roads is to continue to change driver behaviour. To date this year, 135 fatal collisions have been recorded, resulting in 140 fatalities.  While the number of collisions is down by five compared to this date last year and the number of fatalities is down by four, considerable work remains to be done to further reduce the number of fatalities on the roads and we can all play our part in achieving this aim.  Huge strides have been made in legislation in dealing with drink driving offences.  The introduction of mandatory alcohol testing has been a very effective intervention to improve road safety.  We have also introduced a reduction in the blood alcohol content level for drivers and all drivers involved in road traffic collisions where a serious injury has occurred are now obliged to provide a preliminary breath specimen.  

The proposal to automatically suspend the licence of a driver involved in a fatal accident who subsequently fails a breathalyser test in advance of a conviction in court cannot be implemented, given the rights of citizens to a fair hearing in accordance with the principles of natural justice. My Department and I are willing, however, to meet the families who have been affected by this horrific incident to hear their proposals in more detail and discuss their concerns. I recognise the legitimacy and the grief that are driving the issues the Deputy raised.

John Halligan (Waterford, Independent)
Link to this: Individually | In context | Oireachtas source

The Minister is undoubtedly aware of the publicity generated by Christine Donnelly, a mother from Waterford who lost her son, Brendan, in 2009 at the young age of 24 years. He was tragically killed one night while travelling with another family to Cork Airport. His friend, Liam, was also killed in the collision. Both families are here today. A man was later sentenced to five years imprisonment and disqualified from driving for 15 years as a result of the crash, after admitting dangerous driving. The court heard that prior to the accident he had consumed 20 beers, vodka and Aftershock, as well as snorting a line of cocaine. Christine is campaigning for what has become known as Brendan's law, that is, a change to current drink driving legislation in order that the licence of a driver who fails a breathalyser test is set aside without prejudice once he or she is charged. Brendan's law would also provide for mandatory sentences on disqualification for drink driving and being involved in a fatal accident.

In the context of the Minister's commitment to improve road safety, is it reasonable that a driver who is involved in a fatal accident and fails a breathalyser test should be able to resume driving until the case comes before the courts? As I indicated previously, this is not the case in many countries in Europe. This is exactly what the families are seeking. I accept that the Minister cannot state he will change the law automatically, but it should be thought out and perhaps legislation might be introduced to amend the current law.

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I wish to make three points in response to the Deputy's questions. The first is that under our legal arrangements and constitutional order, it is a matter for the courts to make a disqualification order preventing a person from validly holding a driver's licence for a period of time. The second point concerns the number of people currently disqualified on the existing statutory basis. Some 12,248 people were disqualified as drivers on 29 September 2014 under the various legislative provisions available to us, from the Road Traffic Act 1961 to the recent Road Traffic Act 2010.

On the presence of drugs and the influence they can have, particularly where combined with alcohol, it is my intention to address this specific issue in the forthcoming road traffic Bill. From my meetings with the Road Safety Authority and organisations involved in measuring the substances contained in drivers' systems at the time of accidents, I have come to believe this is a very important issue that we must address legislatively.

John Halligan (Waterford, Independent)
Link to this: Individually | In context | Oireachtas source

The families are not so much acting out of grief for those whom they have lost as making practical and common-sense proposals. Despite the reduction in the number of alcohol related fatal collisions, drink driving remains one of the biggest killers on the roads. Between 1990 and 2006, a total of 7,078 deaths occurred, of which a staggering 2,462, or 35%, were alcohol related. Behind each of these statistics is a broken hearted family who will never get over the tragedy completely. Irish law is inferior to that in other countries where penalties reflect the enormity of the offence. Successive Governments should be ashamed of a system in which criminals serve longer sentences for non-fatal offences than for killing someone through drink driving. The time for change is long overdue and I appeal to the Minister to consider this law. I am grateful to him for agreeing to meet the families. Perhaps when he hears what they have to say, he might consider amending the legislation at some time in the next few months or before the end of this Dáil.

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

If the families are present, I will meet them briefly after this debate and will also arrange a proper meeting at a time that is convenient for them to discuss the matter further.

On the track record of the country in regard to road safety, this and previous Governments have focused on dealing with the horrendous loss of life on the roads.

I would point to the setting up of the Road Safety Authority and the recent strategy established for it that has 144 actions. I meet with the authority regularly to examine the implementation of these actions. Several weeks ago, I met with its board to discuss this very issue.

At the nadir of this horrendous loss of life on our roads, 115 people lost their lives in 2001. In 2014, the total number of deaths on our roads has come down substantially. Still, too many people lose their lives on our roads. I have explained to the Deputy the constraints of our legal and courts system within which we must operate. I will meet the family after this, and my Department will do so again. I understand the family’s intention is to reduce the chance that the grief they have experienced will be inflicted on other families.