Derek McDowell (Labour)

I move amendment No. 1:

In page 6, before section 4, to insert the following new section:

4.—A person who is driving or attempting to drive a mechanically propelled vehicle (other than one used in the course of the activities of the Garda Síochána or emergency services) and who uses a mobile telephone other than a hands-free telephone shall be guilty of an offence and shall be liable to like penalties as a person guilty of the offence of driving without due care and attention.

This section creates a statutory offence of using a mobile telephone. We are all aware that the former Minister introduced regulations some time ago prohibiting the use of mobile telephones that ran into some difficulty afterwards, not least from the emergency services, who were of the view that their own use of telephones appeared to be prohibited under the regulations. My colleague, Deputy Shortall, proposed a new section in the Dáil to stimulate further debate, although I cannot see the Minister accepting it at this stage.

We all see people holding the steering wheel with one hand and a telephone in the other and it is a dangerous way to proceed. I have done it myself but I do not feel good about it. We need to prohibit this and introduce a deterrent by creating a specific statutory offence, not least to clarify the position and place an obligation on the gardaí to implement the law in the way they have been reluctant to do heretofore.