Tommy Broughan (Dublin Bay North, Independent)
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14. To ask the Tánaiste and Minister for Justice and Equality the number of mandatory intoxicant tests per county in 2017 and to date in 2018; the number of positive tests per county in 2017 and to date in 2018; the types of drugs detected; and if he will make a statement on the matter. [42195/18]

Tommy Broughan (Dublin Bay North, Independent)
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The Minister is aware that since the revelations of the breath testing scandal at the start of 2017, An Garda Síochána is still not publishing full statistics on the website around mandatory intoxicant testing checkpoints, MITS. The respective number of checkpoints and breath tests are not displayed. Since April 2017 I have been asking the Minister, Deputy Flanagan, about this matter and about the level of training among An Garda Síochána in the use of the Dräger 5000 device. I have asked about the total number of tests carried out in each county along with the number of positive tests. Previous responses to parliamentary questions told me that "only data in respect of the number of positive preliminary drug tests performed at mandatory intoxicant testing checkpoints can be provided." We need, however, to see the full picture. Although it is down by six deaths, this year we still have had a significant number of road fatalities.

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, the recently published Commission on the Future of Policing in Ireland report recommends that policing must be information led and that data should be seen as a strategic asset and a key factor in determining policing decisions. My Department is currently analysing the report and my officials are currently engaging in consultations with An Garda Síochána, the policing oversight bodies and the relevant Departments in order to inform my substantive response and the high-level implementation plan and project structure that I intend to bring to Government by December.

With respect to the Deputy's question, section 10 of the Road Traffic Act 2010 provides for mandatory intoxicant testing, MIT, checkpoints. The powers of An Garda Síochána under the 2010 Act were extended under the Road Traffic Act 2016 to allow preliminary oral fluid-testing for drugs to be undertaken at these checkpoints, in additional to the current preliminary breath testing for alcohol. These provisions came into force on 13 April 2017.

I am informed by An Garda Síochána that it has conducted a total of 101,965 MIT checkpoints nationally since then. I have provided the Deputy with a table - provided by the Garda authorities - that details the number of MIT checkpoints conducted by Garda division, the number of breath tests and oral fluid tests conducted, the number of persons who have tested positive for alcohol or drugs at these checkpoints and the number who failed or refused to provide a specimen.

I am further informed by An Garda Síochána that information on all the types of drugs detected at these MIT checkpoints is not available as such an exercise would necessitate a manual trawl of all relevant incidents recorded on PULSE to collate same, which would require a disproportionate expenditure of Garda time and resources. The Deputy will be aware, however, that the drug testing devices employed by An Garda Síochána involve testing a sample of a driver’s oral fluid for the presence of cannabis, cocaine, opiates, heroin, morphine and benzodiazepines such as valium.

Tommy Broughan (Dublin Bay North, Independent)
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The Minister has not been able to give me a breakdown by county. I asked the Minister in 2017. That was in the Dublin metropolitan region, but the Minister did not give me any indication of the numbers of drug tests that had taken place outside that area. The point made by the Minister from the Garda report is very valid, that policing must be information and statistics led.

The other major issue that arose in relation to this, and which I also raised with the Minister for Transport, Tourism and Sport, Deputy Shane Ross, was the error in section 11 of the Road Traffic Act 2016 with regard to the powers of gardaí to conduct impairment tests and making it an offence if a person refused to comply. I believe the section was revised in the Road Traffic (Amendment) Act 2018, but it has been noted since that similar changes will be necessary with regard to references in section 12 of the earlier Act around the obligation to provide blood, breath or urine specimens following an arrest, and with regard to section 16. Does this mean there is a lacuna or infirmity once again in road traffic law? I put it to the Minister that we constantly find these lacunae and gaps in road traffic law. Is it the case once again that the Minister should be doing a consolidation, as I have also asked the Taoiseach and the Minister, Deputy Ross, many times-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The Deputy's time is up. We will hear a concluding remark from the Minister.

Tommy Broughan (Dublin Bay North, Independent)
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-----if we are to have clear road traffic law?

Charles Flanagan (Laois, Fine Gael)
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I acknowledge Deputy Broughan's longstanding commitment to road safety. It is regrettable that it has not always been possible to provide as quickly as might be desired the information on road traffic enforcement issues as sought by the Deputy.

I know that a number of outstanding parliamentary questions for written reply have not been dealt with in the manner the Deputy might expect. I am informed by An Garda Síochána that owing to the very specific and statistical nature of the data requested in many of the questions on road traffic enforcement, the compilation of such data is often particularly intensive in terms of the time required. I also understand that in certain locations it is not possible to collate or break down statistical information in the manner specifically requested by the Deputy. I have raised the issue and I am concerned to ensure at all times that replies to parliamentary questions can be effective and also promptly delivered. I hope the Deputy can appreciate that, even when delays occur in the provision of road traffic enforcement statistics, officials in An Garda Síochána and my Department endeavour to provide a comprehensive and informative response as quickly as possible. I will be happy to speak to the Deputy on a bilateral basis about the issue.

Tommy Broughan (Dublin Bay North, Independent)
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I wish to return to the point that was ably raised by Deputy Bobby Aylward about Garda resources. We recently had a joint policing committee meeting in the Dublin north-central area, at which meetings issues frequently arise about Garda resources. The Minister always tells me that it is a matter for the Commissioner, Mr. Harris, but if we are to return to a level of mandatory impairment testing, MIT, checkpoints and roadside testing, An Garda Síochána, including our chief superintendent and the chief superintendent in Kilkenny and everywhere else, must have the necessary resources, but there still seem to be huge gaps in that regard. The important point has been made that roadside checks are not just for alcohol and drugs but often lead to the detection of other serious crimes. That is one reason we need to resource An Garda Síochána. It is okay to talk about what will happen in 2021, but we need resources now in late 2018.

Charles Flanagan (Laois, Fine Gael)
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I will make a very brief response to the Deputy. I was particularly pleased last week in the context of the budget and the Financial Statement of the Minister for Finance, Deputy Paschal Donohoe, that he had acknowledged the need for further resources and indicated that the Garda Vote for next year would be of the order of €1.7 billion, an increase on this year's allocation of €110 million. That will allow for some of the resource-based improvements sought by the Deputy.