Brendan Ryan (Labour)

I welcome the introduction of this Bill, which the Labour Party will support. I do not intend to deliver a long speech on Second Stage but to comment on key elements of the Minister's proposals.

The Labour Party welcomes the reduction of blood alcohol content for regular drivers from 80 mg per 100 ml to 50 mg and from 80 mg to 20 mg for learner, novice and professional drivers. This will keep Ireland in line with the rest of Europe and reflects the recommendation of the Road Safety Authority. Those with a blood alcohol content between 50 mg and 80 mg are not the ones who are primarily the cause of road accidents and carnage on the roads. Nevertheless, the change will have the effect of modifying behaviour with regard to drinking and driving and therefore I welcome it. It may have the effect of modifying the behaviour of those who take not just one or two pints but five or six. They may modify their behaviour to reduce the amount. The Minister has come up with a sensible and reasonable position with regard to lesser penalties for people who violate the law at the lower end of the spectrum. I welcome this and it is open to the Minister to amend the legislation in future if this gets in the way of the overall intent of the changes, which is to modify behaviour.

The proposals on learner drivers and professional drivers are also reasonable and take account of the specific training circumstances and needs and lack of experience of novice drivers. However, if the legislation is to have the desired effect, it will require improved enforcement and detection. The Minister referred to this in his speech and it is the key to success. I am not clear how this has come about because there has been a reduction in Garda resources and a ban on overtime. I see a mismatch in this area.

Section 8 provides for mandatory testing at roadside collisions but this is not unequivocally required to happen on all occasions. That must be addressed on Committee Stage and I will table an amendment to address it. My colleague, Deputy Tommy Broughan, attempted to address the issue by tabling an amendment in the Lower House but without success. We must find a way to deal with this in the House.

Driving under the influence of drugs is a serious issue. There is no suitable equipment for roadside testing for drugs and this is unfortunate. I can give the example of a situation I did not observe at first hand but to which I was reasonably close. A driver was out for the night with his family, his wife or his girlfriend and needed to get home from a distance of approximately five miles. Fearing being caught by the Garda Síochána if he drove home, rather than taking a taxi home he decided to drink soft drinks for the night but was continuously seen going out to the smoking area to smoke cannabis. This continued for several hours. He had no fear of falling foul of the law and this is a major problem identified by the Minister. The introduction of impairment tests, in the absence of roadside testing equipment, is to be welcomed. This is the only measure the Minister can reasonably attempt at this stage. I welcome the Minister's commitment to keep technology under review in order to put something more reliable in place. We all wish the scientists well in their efforts to address the matter.

The changes proposed to the current inflexible 56 day period for paying fines are good and will deal with any genuine situations where an individual is not in a position to pay a fine within the 56 day period. The proposal will allow payment up to seven days before the court hearing but it may encourage more people to leave payment to this later date. This needs to be monitored.

This legislation attempts to deal with serious road safety issues but the key issue causing carnage on our roads is speed. Unfortunately, many young people in particular seem oblivious to the dangers of speed. This is the issue that will deliver results if it gets the right focus as part of a road safety strategy.

Gardaí sitting with speed guns at points on the edges of towns trying to catch people driving a couple of kilometres above the limit is rather like shooting fish in a barrel and should have no part in a genuine road safety strategy. On a recent news programme, I heard a senior Garda source comment that this is only done where the area has been identified as high risk. I do not believe that and many Senators do not believe that. These drivers are a soft touch and resources would be better used elsewhere. The Minister should take account of this.

The Minister mentioned progress on road improvements and this must be recognised in respect of many new sections of motorway. However, the condition of many non-primary roads is causing serious road safety hazards. Local authorities are cutting back on road maintenance for budgetary reasons and there are many serious potholes across the country. This is a serious issue of which I have seen many examples. People are coming to clinics complaining about this issue and the Minister must address it. Does he accept this and can he give a guarantee that he is working with the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to remove these hazards in a systematic way in conjunction with local authorities? I welcome the legislation on behalf of the Labour Party and look forward to its implementation, with some amendments on Committee Stage.