Tom Kitt (Dublin South, Fianna Fail)

I thank the Senators for their contributions to the debate. The Seanad has shown a great understanding of this area with many different views. Road safety is a very high priority for this Government. Achieving a world-class performance in road safety requires a range of effective policies to ensure a safe interaction between the roads, vehicles, drivers and other road users. This Government is successfully addressing all of these issues.

Ultimately, of course, road safety is about the behaviour of road users, as Senator Brady stated. We have made substantial progress. Road deaths in the three years prior to the strategy from 1995-97 totalled 1,362 which was 112 higher than the previous three year period. In the absence of concerted action by Government, it was estimated that road deaths would grow to 550 per year by 2002. In fact, as a result of the Government's road safety strategy, road deaths fell to 339 in 2003 and over the most recent three years the total was 1,128. One death is one too many. However, this improvement has been achieved in a period when the number of vehicles, drivers and journeys is increasing rapidly.

Senator Browne spoke about the funding of road safety. Over the lifetime of the first strategy, the Government has overseen significant investment in Garda enforcement assets. It has provided the financial support necessary for the production and presentation of some of the most effective public awareness campaigns ever mounted on road safety, many of which have received international recognition for their quality and focus. It has provided for major investment in programmes to address road collision black spots and to deploy traffic calming measures. Exchequer funding in 2004 for road safety agencies under the aegis of the Department of Transport amounts to a total of €22,488,000.

Other funding is obtained from the insurance industry, local authorities and the Department of Justice, Equality and Law Reform.

Senator Browne raised driving test waiting times. The Government is concerned at the increase in waiting times for driving tests which has resulted from the unprecedented volume of 234,000 applications received in 2003. This compares to 146,000 applications for a test in 1998. The increased demand for tests has arisen from the commitment to take steps to reduce long-term reliance on provisional licences. Currently there are 120,000 candidates awaiting a driving test. Since 1998 the testing corps of the Department of Transport has been increased from 66 to 118 to deal with the additional workload and had achieved an average waiting time of ten weeks by 2002. To deal with the increased demand in 2003, a bonus scheme was put in place to generate additional capacity. In addition, a number of retired testers have been engaged and are delivering tests for the Department. Testers continue to work overtime.

Senator Bradford raised the issue of the rigid application of speed limit legislation. The Garda is obviously responsible for this and we all agree it is doing a reasonably good job. We would not support the idea of not awarding penalty points for certain speed limit offences. Senators should note that under the new speed limit proposals, the limit applying to non-national roads will be reduced to 50 mph from the current limit of 60 mph.

On Senator Walsh's point on speed limits, I reiterate what the Minister stated, namely, that we seek to assure the travelling public that the speed limits applied at specific locations are reasonable and fair and reflect the road safety needs and capacity of the roads in question. The Minister has already raised this issue with county and city managers.

The Government Strategy on Road Safety, 1998-2002, recognised that the influence of drugs on driving behaviour is an issue of increasing concern. Identification of the presence of drugs is, however, more complex than it is for alcohol. Consequently, considerably more work is needed to develop a more detailed regulatory regime regarding drugs and driving. It is illegal to drive while under the influence of drugs to such an extent as to be incapable of having proper control of one's vehicle. Section 49 of the Road Traffic Act 1961, as inserted by section 10 of the Road Traffic Act 1994, prohibits the driving of a mechanically propelled vehicle by a person while under the influence of an intoxicant — an intoxicant includes alcohol and drugs and any combination of drugs and alcohol.

Enforcement of the law on drug driving is a matter for the Garda. When a member of the Garda suspects that a motorist is driving under the influence of any intoxicant, that garda may arrest the suspect under section 49 of the Road Traffic Act. Unlike alcohol, there is no legal limit for drugs.

The Medical Bureau of Road Safety's principal function has been to carry out analyses for their alcohol content and-or the presence of drugs of specimens of blood and urine provided for the Garda by those suspected of driving while intoxicated. The bureau issues certificates in respect of the results of these analyses, which may be used as evidence in prosecutions for such offences.

Since 1 January 2002 all samples found under the legal limit for alcohol are automatically being tested by the Medical Bureau of Road Safety for the presence of a drug or drugs, as well as cases where the Garda requests that a test for drugs take place. A total of 388 specimens were tested in 2002, of which 30% were confirmed as testing positive for drugs.

Senator Brady referred to the issue of road safety and research. Additional funding was provided to the Medical Bureau of Road Safety in 2000 and 2001 for a two-year research programme of drug analysis of blood and urine samples. The complete confirmatory results of the survey will identify trends in the types of drugs being taken, their combination with alcohol and the incidence of poly-drug use. The analysis of specimens continued in 2002 and the report is scheduled for publication shortly.

On roadside testing, the Medical Bureau of Road Safety is aware that both urine and saliva screening devices have been developed for road traffic drug testing. Urine, however, is not considered to be suitable for roadside drug testing. Saliva testing devices are in prototype stages. None has been purchased for roadside use by the police force. The Medical Bureau of Road Safety is keeping abreast of developments in this area and the specimen of choice appears to be saliva. The Road Traffic Acts do not at present permit the taking of a saliva or oral fluid specimen for such analysis. However, this will be considered as the matter evolves.