Ivor Callely (Dublin North Central, Fianna Fail)

Senator McDowell mentioned that the amendment will not be accepted but that we should debate issue. I agree and I clearly recognise that there is a problem and it needs to be addressed. Senators Quinn and McDowell spoke of the number of people they saw this morning but, equally, Senator Dooley mentioned other areas that were relevant. Simply because a person is not holding a telephone in his or her hand does not mean the problem is solved.

However, the issue can be addressed. It was important that this Bill be passed before January even though there were other issues that we would have liked to include which were awaiting clarification. The Attorney General has advised that the 2002 regulations that prohibit the use of hand-held mobile telephones while driving may be ultra vires on the grounds that the regulatory powers of the Road Traffic Act 1961 would not extend to the regulation of such phones. My Department has been considering options for primary legislation on the subject. Legislation would need to be broad-based and adaptable to keep pace with the developments in in-car communication and information technology that is often based on mobile telephone technology and platforms.

I am also concerned about research that indicates that a conversation by way of a mobile telephone, with the associated distraction, is much more of a hazard for a driver than holding the telephone. The implications of this research for regulating the use of hand-held mobile telephones by drivers will need careful consideration. Therefore, any legislation dealing with the use of mobile telephones by drivers must be clearly thought out. If its ramifications are not well explored in advance, it might not deal with the real issues and might exclude worthwhile developments that can help to improve road safety. The Department of Transport is working on a broad-based legislation framework for the use of mobile telephones in vehicles. It is hoped to include the results of the work in the next road traffic Bill. Therefore, I ask Senator McDowell to consider withdrawing amendment No. 1. I am satisfied that drivers who use mobile telephones in a way that constitutes careless or dangerous driving are open to prosecution and the imposition of penalty points.