John Ellis (Fianna Fail)

Like Senator Donohoe, we all welcome this legislation. I ask the Minister to clarify some points. The discretion for the initial testing of a person involved in a collision will lie with the Garda Síochána, unless a person has been seriously injured. Who will determine the seriousness of the injury? What training will be provided to the Garda Síochána? I am acting as the devil's advocate in this matter because I foresee it being challenged as to whether the garda was able to determine if a person should be tested. Nobody wants to see people allowed to drink and drive or to drive under the influence of drugs.

The Minister's commitment to endorsing mandatory breath testing at collision sites where injury is caused is again being presented in this Bill and nobody will have a problem with that. However, I want the necessary legislation in place as quickly as possible so no driver can avoid being tested for alcohol intoxication in the case of serious collisions. The reference to alcohol, without reference to drugs, needs to be amended. Drugs and alcohol should both be relevant as the use of drugs is now as much of a problem as alcohol with regard to driving offences. In most cases a blood test will be carried out in hospital so it should be quite simple to determine whether drugs are present.

I compliment road users and the Garda Síochána on the obvious improvements in statistics for road deaths. I know this is no consolation to families who lose family members in road accidents but genuine accidents will always happen, no matter how we try to avoid them. However, we cannot accept accidents in which contributory negligence such as the involvement of drink, drugs or excess speed, is involved. We need to improve the system of training for young drivers, even at secondary school level and to make them aware that once they sit behind the wheel of a car, they are in command of a lethal weapon which is very dangerous. If they do not know how to use such a weapon it is as dangerous as a gun or a knife. Nobody wants to condone driving under the influence of drink or drugs but the omission of a reference to drugs will mean there is a loophole in the legislation.