Noel Dempsey (Meath West, Fianna Fail)

Ba mhaith liom buíochas a ghlacadh leis na Seanadóirí a ghlac páirt sa díospóireacht seo. I thank Members for their support for the measures contained in the Bill. I accept some may have tempered their support in some respects. I welcome the fact the Opposition has agreed to support the Bill on Second Stage. I thank Members for the kind comments on the award received by Ireland for our work on road safety, which I accepted last week. It is a recognition of the importance the Government attaches to the problem of road deaths and injuries. As I stated in my opening remarks, it is a tribute not only to the Minister, the RSA, the Road Safety Authority, the Garda, the Department of Transport or any one individual group, but to everyone, including drivers, those who use our roads and all those who campaign on road safety issues.

I will try to deal with several of the points raised by Senators in the short time available. We can deal with the other points on Committee Stage because I am sure amendments will be tabled. Senator Donohoe raised the issue of graduated driving licences and the possibility of rehabilitation schemes and so on. This relates to action No. 119 of the road safety strategy and it is a task for the Department of Justice, Equality and Law Reform. Part of its remit under the Road Safety Act is to research and evaluate the effectiveness of alternative correction rehabilitation programmes for a range of road traffic offences and this is currently being pursued by the Department.

I refer to the question of the new EBT, evidential breath testing, instruments. I have made my view on this matter very clear from the beginning and I recall exchanging views with Deputy Broughan on this matter over the airwaves. Anyone who knows anything about this subject is aware there must be a lead-in time before EBT instruments can be put in place. Normally, this period is anything from 24 to 30 months. In an effort to shorten this time, once the Bill was published I instructed the Medical Bureau of Road Safety to start the process. I indicated the schedule was to have the Bill passed for the summer and, hopefully, we will do that. I indicated quite clearly that the bureau should start the purchase or tender for the equipment. The bureau has done this and it has cut at least six or eight months off the timescale. The instruments will be in place. Obviously, they must be bought and tested and the Garda must be trained. All of this takes time but they will be in operation by the end of summer next year.

Several Senators raised the issue of rural transport. The Government is committed to a rural transport scheme which was introduced in 2001. We provided €2 million or €3 million at that stage. We continued the scheme and the provision increased to €6 million. When I came to the Department, the allocation was €9 million and it is now €11 million. In addition, a further €5 million or €6 million is paid over by the Department of Social Protection. The programme was heavily criticised by several people when it was first introduced by the then Minister for Public Enterprise, Deputy Mary O'Rourke. We remain committed to the scheme and several pilot initiatives have been introduced to determine whether we can expand it. We are working with the HSE and several other bodies, including Bus Éireann with its networking expertise and school buses, to establish whether we can put in place a more extensive rural transport scheme.

I refer to the question of the graduated driving licence. The RSA undertook to put in place a consultation process which it has now completed and it has reported to me on the matter. Several measures have been put forward and I have approved the proposals in principle. Some require refining, some will require primary legislation and some can be put in place through pilot schemes which the RSA will carry out with full support. Some of the other measures related to graduated driving licences must wait for the next Road Traffic Bill which will be during the course of next year.

Several Senators raised the question of drugs and drug testing, including Senators Ó Brolcháin, Ryan, Carroll and Buttimer. The Garda can test for drugs; this is not a problem. Often, when gardaí test for drink and find no evidence, blood tests are carried out for drugs and other intoxicants. Offences are prosecuted in this regard. However, I accept it is an increasing problem. The difficulty lies with the fact that there is no roadside test for drug driving and this is because such testing is unreliable. There is no point going off half-cocked and including a measure in the legislation which we cannot stand over. The methods we use to decipher whether a person has drugs in his or her system must be sound. We have no wish for the whole Road Traffic Bill to be thrown out because we included something unproven or untested. That is the situation but I am as impatient as Members on all sides of the House to try to introduce a test as quickly as possible. However, we must ensure we do not jeopardise everything else in the legislation in the process.

The Bill replaces impairment test measures, which were provided for previously. When a garda stops a person on the side of the road in the knowledge that such a person is driving erratically and suspects the person is drunk but the breathalyser does not show this up, that garda will be able carry out impairment tests on the roadside to allow him or her to form the opinion that the person has an intoxicant in his or her system. That person can then be taken to the Garda station and proper tests can be carried out on foot of which a prosecution may follow.

Senator Ellis raised the question about mutual recognition of penalty points and whether it was in breach of or illegal under European law. My legal advice is that it certainly is. There is an agreed EU convention on disqualifications and we must secure a convention on the penalty points system. In the meantime, we must consider the recognition of penalty points and we wish to ensure the UK and ourselves can come to some mutual agreement on the matter. I do not believe this will cause a problem from a European law point of view.

Senator O'Toole raised the question of a credit card style driving licence. I have already indicated that I intend to introduce such a card and I am no longer waiting for the EU. We have started the process in train and, hopefully, by the end of next year we should have it in place. I have asked for the matter to be expedited as quickly as possible.

I refer to section 9 which deals with mandatory testing at the scene of an accident and in other cases. We amended the section in the Dáil to strengthen and clarify it. Senators O'Toole and Mary White referred to this in their contributions. I will re-examine the matter before Thursday to establish if it is possible to tighten it further and to make it somewhat clearer. We will introduce mandatory testing, a significant step forward, and we will refine it as much as possible. I will inform Senators of progress in this regard on Thursday.

Senator Carroll asked about introducing a zero blood alcohol limit. The issue has often been raised and reference is made to the position in many European states. However, the records in these countries tend to be way behind ours. I would not be comfortable in reducing the blood alcohol level to zero when I hear so much about how alcohol can be in the system when one is undergoing tests. I would be concerned, if we were to go down this route, that the legislation would be thrown out of court because of the imponderables. In some cases, reducing the blood alcohol level to 20 milligrams is as positive as reducing the level generally, but I do not want to jeopardise the legislation by reducing it to a level that we could not stand over scientifically.

A number of Opposition Senators raised the question of the Garda not enforcing the provisions of traffic legislation owing to overtime bans and so on. There is a dedicated traffic corps. If most road traffic accidents occur between the hours of 11 p.m. and 3 a.m., particularly at weekends, that is time the Garda traffic corps should be on duty. Under the Croke Park agreement which will transform public services, there is a need for flexibility such that a ban on or reduction in Garda overtime will not affect road safety and that the figure of 75,000 hours will still be met. Senators opposite say that because Garda overtime is being reduced we are putting lives at risk. While it is a matter for the Garda Commissioner, if there is a dedicated Garda traffic corps, this is the job it should be doing 24 hours a day, particularly at times of greatest danger. In saying this I do not want anybody to imply that I am criticising the work of the Garda in this regard. If what Senators opposite say is a problem, the answer is not the provision of more money or overtime but the proper organisation of the way gardaí work in order that they will be on duty at the times they are needed most.

Some members raised the issue of the condition of roads. Some 40% of accidents are attributable to speeding, while in 33% to 37% of cases, alcohol is a factor. The condition of roads and vehicle safety are minor factors. The three major factors are not wearing a seat belt, drink driving and speed.

Senators raised the issue of suicides. I do not wish to add to the grief or pain of anybody who has had somebody in their family commit suicide. I know a number of families who have been bereaved in this way. It is not something any of us like to hear about, but blaming this legislation which has not yet been passed or previous legislation for an increase in the number of suicides, when there is no scientific evidence to back up such a claim, is not acceptable.

I do not wish to finish my contribution on a negative note. I thank Senators for their positive contributions and their support for the Bill on Second Stage. I look forward to taking Committee and Report Stages on Thursday.