Pat Gallagher (Donegal South West, Fianna Fail)

The Road Traffic Act 2006 provides for an appropriate form of roadside mandatory alcohol testing to increase the chance of being breathalysed and to provide an increased deterrent effect. I was happy to learn from the Garda that it has acted as a deterrent, despite the number of fatalities over the weekend, including five in my own county. I would like to sympathise with the families involved. This is not the time to speculate on the reasons for these accidents and that process will take its course but the weekend was a stark reminder to us of the dangers of driving on our roads under the influence of an intoxicant, with excessive speed, without using a safety belt or while fatigued. I call on the motoring public to observe the simple rules in place and, hopefully, that will ensure the number of fatalities will reduce. One is one too many. Many families have suffered heartbreak as a result of road accidents. Who knows? Our own fate could be around the next corner. However, the introduction of mandatory alcohol testing has resulted in fewer road fatalities this year compared with last year. That does not give solace to the families who have lost loved ones but if their tragic and untimely deaths ensure others will be more focused in the future, they will hopefully not have died in vain.

The Garda has successfully operated MAT checkpoints since July 2006 when the relevant legislation was enacted. More than 30,000 drivers have been tested every month and the increased deterrent effect has been reflected in the reduction in road fatalities and collision rates since last August. Section 49 of the Road Traffic Act 1961, as inserted by section 10 of the Road Traffic 1994, clearly prohibits the driving of a mechanically propelled vehicle by a person while under the influence of an intoxicant, which includes alcohol and drugs or a combination of both. Enforcement of the law on drug driving is a matter for the Garda. When a member of the force suspects a motorist is driving under the influence of an intoxicant, he or she may arrest the suspect under section 49 of the Road Traffic Act 1961. Unlike alcohol, for which legal limits are set out, no such limits are in place for drugs. While it might be perceived the law does not deal with those driving under the influence of a drug, legislation is in place to deal with them.

No feasible basis is in place for the introduction of a scheme of preliminary roadside testing for drugs, which would allow for mandatory testing similar to mandatory alcohol testing. Testing devices are still in the prototype stage and, therefore, the Department of Transport and the Medical Bureau of Road Safety are keeping abreast of developments in this area. We will keep the matter under review. The primary purpose of the Bill is to provide the necessary statutory basis to facilitate the implementation of the free flow open road tolling or barrier free tolling on toll-based national road schemes through the provision of an appropriate deterrent for non-payment of tolls. However, that does not prevent the Government or the Opposition from tabling amendments unrelated to the principal purpose of the legislation. We are in ongoing contact with the Medical Bureau of Road Safety and we are keeping abreast of developments but no feasible basis is available in Europe for the introduction of a scheme. However, if a garda is of the view a person is driving under the influence of an intoxicant, which can be a drug or alcohol, that can be dealt with under section 49 of the Road Traffic Act 1961. The public would like a mandatory drug test to be introduced and I am not opposed to it, but it is not feasible currently.