Eugene Regan (Fine Gael)

I draw the attention of the House to two decisions in the European court this morning in cases relating to the Schengen Agreement. Ireland and the United Kingdom opted out of that agreement with the exception of certain provisions, but both have applied to partake in two aspects of the agreement. One relates to the EU agency, Frontex, which is concerned with co-operation on external borders. The other is standards for security features and biometrics in passports and travel documents. These are two areas of activity of the Union that are important in fighting crime. The European court has ruled that at this stage, neither Ireland nor the United Kingdom can participate in these areas of activity.

There is a price, therefore, for opting out of treaty provisions of the EU. We are doing the same in respect of some elements of the Lisbon treaty. The reality is that we are now handicapped in two important areas of crime-fighting. I ask that we in the House review our participation in the Schengen Agreement in the new year. Such a review is called for in light of these judgments.

I ask for a debate on drug driving and request the Leader to address it to the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan. We have provisions in the Road Traffic Acts for drug testing but I notice that this week, a former drugs officer in Sligo referred to the difficulty of detecting drug driving. We all know that given the prevalence of the use of drugs, this is a serious danger to safety on the roads.

Specific legislation, the Road Traffic Act 1994, has provisions that allow for testing, although most gardaí simply do a breath test. If a garda finds an individual is over the limit on alcohol, he or she is prosecuted for the offence. Very few go the next step and take samples for drugs. There is also an infirmity in the legislation in that there is no analysis of the extent to which an individual may have consumed drugs, which creates a problem in the courts for proving that the extent of drugs taken renders the person incapable of driving.

I will not go into the details of this because they are for the debate. I ask, given the cases which have arisen and that we are now more aware of the extent of the use of drugs, and cocaine in particular, that the Minister address the legislative infirmity and the necessary testing and sampling facilities in the country to combat drug driving.