Pat Gallagher (Donegal South West, Fianna Fail)

Perhaps there is some ambiguity in the thinking but, as far as I am concerned, the proposed section is very black and white. Subsection (4) recognises the need to have a broad, flexible legislative framework to regulate in-vehicle technologies for providing information, communication or entertainment for the purpose of restricting or preventing driver distraction associated with the use of technologies by both drivers and passengers. The broad view is that mobile phones comprise the only in-vehicle technology but there is an exhaustive list with which I want to deal.

Given the scale of innovation in the technology sector, it is important to give the Minister power to prohibit the inappropriate and irresponsible use of in-vehicle technology without generating the need to introduce primary legislation on each occasion he or she wishes to do so. In giving such powers to the Minister, it is usual for the enabling provisions to spell out the parameters and purpose of the regulatory powers. Section 4 specifies that regulations to control the use of in-vehicle technologies by occupants of vehicles must be for the purpose of avoiding the impairment of, or interference with, the driving capacity of the driver of the vehicle.

If the Senator's amendment were to be accepted, it would give the Minister broad power to make regulations concerning the technologies in a way he may desire but he would not be required to base them on furthering driver or road safety objectives. An open-ended approach to the making of regulations of this kind is unusual and I have received legal advice that this could be ultra vires. If the amendment were accepted, listening to a radio and using navigational equipment that can be programmed prior to setting off on one's journey and which can give oral directions could be banned by the Minister. However, the purpose of this type of equipment is to make roads safer and assist drivers. I ask the Senator to consider this and realise his amendment would allow an open-ended approach in the making of regulations, which we want to avoid.