Pat Gallagher (Donegal South West, Fianna Fail)

There could be operational circumstances in which a driver of a Garda car, ambulance or fire brigade vehicle would need to use a hand-held mobile phone "in the performance of his or her duties". It is for this reason that drivers of essential service vehicles have limited exemption from the prohibition on holding a mobile phone while driving. The exemption is strictly controlled and only permits a driver to hold a mobile phone when he or she is acting in the course of his or her duties. Amendment No. 2 proposes to remove this condition and if we were to accept it, would result in a general prohibition affecting drivers of Garda and emergency service vehicles. I disagree with this. The subsection, as drafted, provides the right balance between ensuring safe and responsible driving and permitting a driver of an emergency service vehicle to use a hand-held mobile phone in certain circumstances, if so warranted.

Amendment No. 9 provides that using a hand-held mobile phone to call the Garda or an emergency service is a defence for a person charged with holding a hand-held mobile phone. The Bill recognises that there may be certain emergency circumstances in which a driver needs to use a hand-held mobile phone while driving his or her vehicle. In short, it is for such circumstances that what may be termed a "genuine emergency defence provision" is included in the Bill. If one is apprehended in circumstances that are not deemed to be an emergency, but where one believes they are, it is a matter for the court to determine the merits of the genuine emergency defence. I consider this approach to be fair, reasonable, balanced and pragmatic. I suggest the Senator consider withdrawing his amendments. His proposals would not result in the strong, clear legislation we propose to introduce.