Seanad debates

Tuesday, 29 June 2010

Road Traffic Bill 2009: Second Stage

 

3:00 am

Photo of Paschal DonohoePaschal Donohoe (Fine Gael)

I welcome this legislation which Fine Gael Party will support. The amendments we will propose on Committee Stage will ensure the constructive improvement of the legislation and its most effective operation.

A frequent criticism we hear of how politics is conducted in Leinster House is that the Government and the Opposition spend all of their time locked in fruitless battles of exchanges that neither party will accept. In my time in the Oireachtas I have noted occasions when the Government and the Opposition come together to deal with issues of such national interest or importance that they are above party politics. The attitude adopted towards the Road Traffic Bill 2009 is an example of this.

The need to improve road safety and to make our roads safer for drivers and pedestrians is accepted by all Members. Some of the pressures brought to bear on this legislation could have opened up the temptation to play opportunistic politics in either opposing or delaying its passage. That temptation was not taken up by Members on this side of the House.

Those who believed the legislation could have been improved have been heard. People have been constructive and responsible in trying to translate these views into amendments.

Again and again one hears the citizens, at times legitimately, complain about the way politics is practised. This Bill provides a template as to how all Members hear the views of everyone concerned and improve the legislation for the benefit of all.

While we on this side of the House have views as to how this legislation could be improved and better policies introduced, there is much in this Bill to be welcomed. Four particular elements make this Bill worthy of support. First, the reduction in the blood-alcohol limit. Second, a new and lower blood-alcohol level for inexperienced motorists or professional drivers. Third, the mandatory testing which is being introduced for roadside injuries and accidents. Fourth, an aspect which particularly impresses me is the clarity in the Bill with regard to the production of driving licences and the need to make clear that when notice is served for penalty points, the presumption is that it has been done properly and clearly. This is an especially welcome improvement and I hope to see it implemented quickly to deal with the issue of the number of penalty points being quashed at court. The position at present allows people to escape from the fines and sentencing to which they should be subject. We are determined to see this issue being dealt with properly but other policy issues and failures should be discussed alongside the Bill.

The Bill makes greater statutory provision for the firm and successful operation of roadside testing and checkpoints. The information the Garda is providing indicates a reduction in the number of checkpoints and the hours allocated to conduct checks at such points. The figures I have indicate that in 2008, some 70,000 Garda hours were made available for checkpoints and in 2009, the number declined to 55,000 hours. We do not have the 2010 figures available for the number of checkpoints or the hours allocated to them. However, the expectation is that the trend should and will decline. It is a source of genuine regret that at a time when this legislation will improve the effectiveness of checkpoints and the powers available to the Garda with regard to offences taking place on our roads, the number of hours allocated for inspection is declining. This is a pity given the importance of the legislation being enacted quickly. I call on the Minister to respond to this point.

One point made many times previously relates to the effect of the Bill on rural life and on people who do not have access to the public transport links available in urban parts of our country. I recall when we debated the legislation on the establishment of the National Transport Authority I raised a point concerning why the power and strategy for road transport sat with Pobail, a different Department. We must find ways to maintain and improve the rural transport links throughout the country to ensure better implementation of this law and to ensure people have options such that at no point will they be inclined to get into their car when they should not. Tackling this issue and dealing with it effectively would lead to an improvement in safety on our roads and to avoidance of the accidents, death and injury which the Bill seeks to address.

I refer to the roll-out of speed cameras, an issue which has been touched on in this House and elsewhere. Until the end of 2009, there was a sanctioned roll-out of only 45 speed cameras. It is clear from other countries and it is backed up by international evidence that as speed cameras are rolled out there is a reduction in death and injuries on our roads. It is regrettable that when such legislation as this is introduced, we do not see the necessary infrastructure in place to provide a full armoury of tools to the Garda and transport officials to ensure we continue to battle to reduce death and injury on our roads.

The legislation refers to the appliances necessary to conduct roadside testing and other tests following accidents. We are aware already that it will take a further 12 months to secure the 86 appliances deemed necessary to allow the Garda Síochána to implement the measures in the Bill. Given the amount of time spent preparing the Bill and the need, acknowledged across all sides of the House, for the Bill to be implemented, it is clear this is a missed opportunity. We must find measures to accelerate this process such that we do not find ourselves in a situation where the legislation is available to be enacted but is not enacted because the necessary appliances are not available.

I refer to the issues in the Bill to which I will refer on Committee Stage, which I intend to flag and to which I will return in more detail. I refer to the use of the breathalyser. If the appliance is not available at a checkpoint or at a time of accident or injury, its use becomes discretionary at a later point. This is an omission with which we should deal. I note the term "apparatus" is defined very tightly for breath testing. An apparatus is only defined for checking the level of alcohol in the blood. I realise the appliances are not yet available but perhaps we could include a definition of an apparatus to allow for testing for drug content in a given driver. Part 4 relates to payment deposit and there is reference to transport officers. Is it possible to tighten up this reference to ensure the definition includes traffic wardens who are available, of whom we make use and who are mentioned in other parts of the Bill? I refer to the notices that will be affixed to vehicles for fines and penalties imposed on a driver. Can we do anything to put in place a provision to allow a garda to show the courts that a given notice was definitely affixed and visible on the car, such that we do not find ourselves in a situation where a penalty or potential conviction is challenged in court because it is not clear whether the notice was affixed to a vehicle?

These are the areas to which I will return. We must do all we can to ensure the Bill is successful. A good deal is contained in the Bill but there remains a good deal to which we can return at a later point. Graduated driving licences can be examined. I note that in Northern Ireland if a person commits a driving offence the penalty may include attendance at a special driving class in addition to a fine. Apparently, this measure has been remarkably successful when used by the Thames Valley Police in the UK, in which jurisdiction re-offending rates have been reduced by more than 60%. We must consider further education programmes in our schools and media to ensure the horror of a driving accident is brought home to people and we must do all we can to deter them.

These are the main concerns I hold with regard to the Bill and the issues to which I will return on Committee Stage. That we have reduced the number of road safety incidents from 107 per million inhabitants to 54 per million inhabitants during recent years is worthy of celebration. I note the Minister was recognised for this and deservedly so. All of us have a stake in reducing the number of incidents even further and this is a goal to which we are all committed. This Bill goes some way towards that end and this is why we support it. However, I believe we have further to go and I will return to our amendments in these areas.

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