Martin Cullen (Waterford, Fianna Fail)

It is highly appropriate that this new and important road traffic legislation should be presented for its initial debate in this House. Senators have shown a particular interest and concern about road safety issues generally and many of the questions raised by Senators in this House are reflected in provisions promoted in the legislation being introduced today. This Bill is the sixth major legislative initiative taken in the area of road traffic in the past six years. That legislative progression has seen the introduction of penalty points, a new system for the independent licensing of taxis, hackneys and limousines, a new structure of speed limits based on metric values and, most recently, the establishment of the Road Safety Authority.

The progression of road traffic legislation reflects a response to the changing environment in which we use our roads. The scope and level of investment in the modernisation of our road network in the past ten years, allied to programmes for the improvement in the design, construction and performance of vehicles, has given rise to an ongoing need for appropriate legislative response. However, the most significant driver of the process of legislative modernisation has been the need to augment and enhance existing road safety provisions.

The debate on road safety has become a central element of our national consciousness. There is understandable and significant disquiet at the level of death and injury inflicted by road collisions. A deeply moving and thought provoking series of articles currently running in The Irish Times presents in graphic detail the grim reality of the human consequences of collisions.

The promotion of legislation to support road safety initiatives represents an important response by Government and the Oireachtas to the need for the ongoing advancement of improved safety performance. Consistent and effective enforcement of the traffic laws promulgated in such legislation, the promotion of road user education and awareness and programmes to promote the formation of drivers provide the bedrock for the application of the measures that stem from legislative initiatives and ensure the effectiveness and relevance of such initiatives.

In Ireland as in many other states, the force that binds the various road safety measures and programmes into a cohesive policy framework can be found in the road safety strategies. Adopted eight years ago, the strategies have provided the basis for the development of a range of legislative and other responses promoted over that period and it is the current strategy that again forms the policy framework from which the major initiatives proposed in the Bill being debated today can be traced.

The number of people being killed and injured on our roads is at an unacceptably high level. I will not hide my personal concern in relation to the trends in road deaths that have become established over the past two years. The House will, however, recall a chilling prediction that was stated at the very outset of the first road safety strategy. That strategy asserted that if the Government had not determined that a strategy to provide for the co-ordination of actions across a range of disciplines was to be pursued, road deaths would have reached 550 in 2002. A continuation of what was termed in that strategy as a "business as usual" approach would have seen road deaths at levels of over 600 per annum by now. While we cannot be content with the trends in road collisions, it must be recalled that our road safety record is now significantly more advanced than would have been the case if the Government had not adopted a strategic approach.

Through the adoption of road safety strategies we have seen the identification of a series of significant and, in many instances, linked measures that have advanced the safety message for all road users. One of the great advantages of adopting strategies is that they place our plans in the public domain, thus allowing for informed debate that in turn provides a benchmark of public, media and political opinion for the delivery of the measures that have been identified.

That process of public and political scrutiny of the first road safety strategy gave rise to the identification of many of the policy options identified in the second strategy, which is now in its final year. There was a significant acknowledgement in that strategy that delivery on the extensive range of initiatives would require the full duration of the strategy, until the end of 2006. A planning horizon of just three years for a strategy is relatively short when compared with, for example, the EU road safety strategy, which is based on a ten-year timeframe. The current national strategy was envisaged as a mechanism through which very significant measures would be put into place.

In the area of legislation as promoted in the current strategy, we have already seen the implementation of the new system of speed limits based on metric values, the extensive roll-out of the penalty points system and the allied system of fixed charges, the administration of which is being outsourced to relieve the Garda of administrative functions. The Garda national traffic corps and the Road Safety Authority have become realities and the contribution of both of these organisations will have a profoundly positive effect on road safety in the future.

The primary focus of the Bill is to realise the delivery of the remaining major legislative initiatives identified in the strategy. In very general terms, the Bill sees the following: the adoption of a system of mandatory roadside breath testing for drink driving; the introduction of an administrative alternative to a court hearing for certain drink driving offences; the introduction of a new legislative basis for a prohibition on the use of mobile phones; the engagement of private sector interests in the provision and operation of safety equipment; and promotes a range of initiatives relating to driver formation. All of these issues stem directly from commitments given in the strategy. Experience over the years suggested that other legislative initiatives were needed to address, in particular, the need to further advance the range and effectiveness of deterrents against the commission of traffic offences and this is also addressed in the Bill.

The first road safety strategy did not include a commitment to introduce random breath testing. However, the road safety high level group, which was tasked with the preparation and delivery of both strategies, presented the adoption of random breath testing as a recommendation in the second strategy. Section 4 of the Bill responds to that recommendation. The section promotes the concept of mandatory alcohol testing and has been devised following lengthy consideration of this issue, which included a very significant engagement with the Office of the Attorney General supported by independent legal advice.

The aim of that consideration was to see the introduction of a system through which motorists could be made subject to a requirement to submit to a preliminary breath test without there being any prior suspicion that alcohol had been consumed or that the behaviour of the motorist warranted that a test be administered. The determination of the legislative provisions necessary to support the proposed scheme has been an extensive process, in order to strike the appropriate balance between the rights of the individual and the service of the common good by the adoption of a measure that will enhance road safety.

The section provides that the establishment of checkpoints for mandatory alcohol tests can only be pursued on the specific written authorisation of an officer of the Garda not below the rank of inspector. That authorisation must be in writing and must clearly establish the place, date and times of day when the checkpoint may be operated. It is envisaged that the Garda Commissioner will establish guidelines to assist and inform all members of the force in the carrying out of their roles in relation to the operation of mandatory alcohol tests. I wish to assure the House that this initiative is an additional measure to the range of existing provisions that apply in respect of the operation of preliminary roadside breath testing for alcohol.

The advancement of mandatory roadside testing for alcohol will provide, for the first time, a means for the detection of drink driving offences that are based exclusively on the level of alcohol consumption as opposed to a motorist's behaviour. If motorists choose to continue to drink and drive, the introduction of mandatory alcohol testing will inevitably result in further increases in the levels of detection. In recognition of this, the Bill promotes an alternative option to a court hearing for those charged with the commission of certain drink driving offences.

Section 5 provides for the introduction of a new system of fixed charges for certain drink driving offences, the payment of which will lead to the imposition of a fixed period of disqualification. The section provides that where a motorist has been detected with a level of not more than 100 mg of alcohol per 100 ml of blood, or the equivalent levels in urine or breath, he or she will be offered the opportunity to pay a fixed charge of €300 and accept a driving disqualification of six months. Payment of the charge will be voluntary but if the charge is not paid, court proceedings will be instigated. The consequences of a conviction in court will be significantly more onerous as a result of other initiatives being promoted in this Bill, to which I will refer later.

The offer of paying a fixed charge will only be made available to those who have not been convicted of a drink driving offence in the previous five years and the offer will only be made once to any motorist in any period of five years.

The advent of the new system for administrative disqualification for certain drink driving offences places into the spotlight the range of mandatory disqualifications currently applied under the Road Traffic Acts. The immediate consequence of the decision to apply an administrative disqualification of six months to a specific group of drink driving offences means that the periods for minimum disqualifications that apply following convictions for drink driving offences generally required review. The result of that review is set out in section 6 of the Bill.

The process of that review established that there was a need to look critically at the overall range of minimum disqualifications currently applied in respect of the more serious offences created under the Road Traffic Acts. The disqualifications in question are known as consequential disqualifications as they are applied as a consequence of a conviction for an offence. The range of offences to which this system applies was last set out in the Road Traffic Act 1994. That Act, with an amendment promoted through the Road Traffic Act 1995 in respect of certain drink driving offences, also establishes the minimum periods for such disqualifications.

Given the much higher profile that applies to road safety now and accepting the fact that there is a broad consensus on the need for more consistent deterrents that reflect the seriousness with which society views the more serious breaches of traffic law, it is timely that the system for consequential disqualifications should be reviewed at this stage. Accordingly, section 6 provides that the minimum period of disqualification for the most serious offences, which include dangerous driving causing death or serious injury and the most serious drink driving offences, will be increased from two years to four years in respect of a first offence and from four to six years for a second or subsequent offence. The new offence of striking a railway or other bridge, which gives rise to death or serious injury, has been added to the list of the offences to which that range of minimum disqualification will apply.

The minimum period of disqualification following a conviction for a drink driving offence will now be one year. That same period of disqualification will also be applied to the general range of offences that attract consequential disqualifications. The offence of driving when disqualified has been added to that group of offences and in a final change to this system, the offence of dangerous driving, where it is tried summarily, will now always attract a disqualification of at least one year.

The review of the system of consequential disqualifications has also prompted an examination of the system whereby persons who have been disqualified from driving may apply to the courts to have their licences returned. The current provisions relating to such applications are cumbersome and lack clarity. In addition, while the principle that underpins this system has merit, its application to all disqualifications raises questions in respect of the degree to which the deterrent value of disqualifications is being compromised. With that in mind, section 7 of the Bill promotes a new system through which applications may be made to the courts for the restoration of a licence. In particular the facility will only be applied in respect of first-time disqualifications of not less than two years. The determination of "first time" is applied in the context of a ten-year threshold from a previous disqualification. In future, the application for the restoration of a licence may only be made following the completion of half of the period of the disqualification, and a successful application will only result in a reduction of one third in the overall period at the very maximum. That is an important point for Senators. One can only apply after six months and can get only one third of one's sentence remitted, unlike the current situation.

These new provisions will mean that where a person is disqualified for any period of not more than two years, the full period of disqualification will apply, and where a person is the subject of repeat disqualifications, he or she will not be able to avail of the facility to apply for the restoration of the licence.

Section 3 of the Bill provides a specific response to the question of the establishment of a dedicated offence relating to the use of mobile phones while driving a mechanically-propelled vehicle. The section applies a specific ban on the holding of a mobile phone by a person driving a motor vehicle. It also establishes that the Minister may regulate other uses of mobile phones or other communications devices by occupants of vehicles. This latter provision recognises that legislation needs to retain a flexibility so that it can respond to developments in the rapidly changing area of mass communications. In addition to a maximum fine of €2,000, the commission of this offence will attract the endorsement of four penalty points on conviction. Following the completion of the passage of this Bill through the Oireachtas, I intend to make regulations that will apply a fixed charge in respect of this offence, on the payment of which two penalty points will be applied.

The Road Safety Strategy 2004-06 promoted the introduction of a legislative basis for a form of random roadside breath testing and for an offence relating to the use of mobile phones by drivers. In addition, the strategy recommended that private sector interests should be engaged in the provision and operation of equipment used for the detection of speeding offences. Section 17 of the Bill delivers on this commitment. The section addresses the specific parameters necessary to facilitate the engagement of a private sector operator. However, I remind the House that the Government is fully committed to the establishment of very strict criteria that will be applied in respect of the determination of the locations and operational parameters for the engagement of the private sector in this area and that this project will be under the control of the Garda at both strategic and operational levels.

The promotion of this legislation has suggested to me that a further review of the range of financial penalties that apply to road traffic offences is warranted. The levels of maximum financial penalties was last reviewed through the Road Traffic Act 2002, though significant increases in the levels of fines have since been promulgated in other legislation. In view of the importance of road safety generally and the need to provide the maximum level of deterrent possible, it is appropriate to look again at the general level of financial penalties that may be applied to traffic offences. Section 18 of the Bill sets out the result of that review and provides in particular that the lowest level of maximum fine to be applicable to a road traffic offence will now be €1,000. This is an increase of 25% over the comparable level set in 2002.

I now turn to the driver licensing provisions of the Bill. The provision to which I would like to draw the attention of the House is that contained in section 10. This section re-enacts existing provisions in section 42 of the 1961 Road Traffic Act which provides for the making of regulations governing the driver licensing system. The revised section, together with section 11, provides for the introduction of a learner permit to replace the provisional licence. In addition, it provides that regulations may require learner drivers to undergo a course of instruction, regulate the content of such courses of instruction and regulate the charges that driving instructors may charge for such courses. This provision will facilitate the introduction of compulsory initial practical training of motorcyclists before they are allowed on public roads. Those who use motorcycles have been urging this for some time and I know they are delighted this provision has been included in the Bill.

There is also a provision which enables a period to be specified, following the granting of a learner permit, during which a learner driver may not apply for a driving test. This is intended to ensure there will be a minimum period during which a learner driver has to undergo instruction before being allowed to apply for a test. These provisions will facilitate the introduction of reforms to the licensing system to reduce long-term reliance on provisional licences as provided for in the Government's road safety strategy. Such reform is dependent on the current driver testing backlog being eliminated and I look forward to the driving testers accepting the proposals to deal with the backlog which were put forward by Kieran Mulvey, CEO of the Labour Relations Commission, last week and which endorsed the plan I put forward. I have accepted his recommendations.

There is provision in section 12 that where people allow their driving licences to lapse for less than a period of 12 months, they will only be liable to a fine not exceeding €1,000, while if the licence has expired for a period of more than 12 months they will be liable to a more severe penalty of a fine not exceeding €2,000 and one penalty point on payment of a fixed charge or three penalty points on conviction. In addition, a person who is caught driving while disqualified will be subject to a mandatory disqualification for a year as provided for in section 6. This issue has been raised by many colleagues in both Houses and involves people abusing the law by taking a chance and driving when disqualified. Accordingly, the Bill introduces an extra offence whereby a further mandatory year of disqualification will be applied to anyone who takes a vehicle out on the road while disqualified. In addition to addressing major policy issues, the Bill provides for several necessary initiatives that will help to bring clarity to a number of areas, with particular attention being paid to deterrents. Section 2 will allow for the use of regulations under the Road Traffic Acts to be used for the purpose of transposing EU legislative initiatives into Irish law. This provision is necessary following the determination by the Supreme Court in the Brown and Kennedy judgments.

Sections 14 and 15 provide for the introduction of several changes to the fixed charge system, which include the capacity of applying the system to the offences recently created under the European Communities regulations. These relate to the use of seatbelts and child restraint systems and which replaced similar regulations made under the Road Traffic Acts. Section 16 introduces changes to the penalty points system targeted at the application of that system to the new seatbelt and child restraint offences. It also sees the application of the system to offences relating to the use of mobile telephones and offences relating to bridge strikes.

Section 19 provides for the extension of the powers available to the Garda to detain uninsured vehicles being extended to vehicles that are registered in states other than Ireland. Currently only vehicles registered in Ireland can be impounded by the Garda. Given the welcome involvement of many foreign nationals in our expanding economy, the law must be equal for all operating vehicles. The position will be that if any vehicle on the road breaks the law, it can be impounded by the Garda.

Section 20 provides for the restatement of section 115 of the Road Traffic Act 1961 to provide that the offence relating to the making of false declarations will be extended to reflect the various changes made to road traffic laws over the past 45 years on licences, permits and certificates.

Section 21 makes minor changes to the Taxi Regulation Act 2003 to facilitate the development of a superannuation scheme by the Commission for Taxi Regulation. It also clarifies certain provisions in section 36 of the Act which refers to mandatory disqualification for holding or applying for a licence by a person who has committed one of a range of serious offences.

The Bill is one element of the programme for the advancement of road safety that will deliver the gains that society requires, whether in the short, medium or long term. Over the past two years major institutional changes have taken place that will support that requirement. In particular, the establishment of the dedicated Garda traffic corps and the allocation to that force of an additional 60 officers per quarter presents a significant level of delivery on the Government's commitment to meet the immediate challenges presented by those who continue to commit traffic offences. The recent passage of the legislation to provide for the establishment of the Road Safety Authority is testament of the need for a radical approach to the development of future road safety policy. That approach is also supported by the separate establishment of a special Cabinet sub-committee at which relevant Ministers are afforded the opportunity to address issues of immediate importance in a collective and systematic way.

The Bill, when taken with the institutional changes referred to, marks a significant watershed in the deployment of road safety policy. Senators will appreciate there is a particular urgency which the Government wishes to see applied to the passage of the Bill. In particular, it will allow for the early deployment of mandatory alcohol testing and the commencement of the process for the engagement of private interests in the operation of the speed camera programme. Senators will make worthwhile suggestions for initiatives in the area of road safety that do not fall within the parameters for the Bill. Such suggestions will be considered carefully and it is my intention to return to the House with a further road traffic Bill before the end of the year. I commend the Bill to the House.