Áine Brady (Kildare North, Fianna Fail)

Before responding I thank Senators for taking the necessary time to consider the provisions of this very important Bill. As always this House provides an excellent forum for examining the provisions of legislation and the space to have an informed debate on all kinds of issues, including the vital provisions of road traffic legislation.

The Road Traffic Bill 2011 will allow for the early introduction of mandatory preliminary breath testing for drivers who, in the opinion of gardaí, have consumed alcohol or for drivers who are involved in road traffic collisions where injury is caused to another person who requires medical assistance. As already mentioned, the latter provision will only apply where there are no overriding medical considerations in respect of the driver.

The provisions contained in this Bill will cast a wider net over the circumstances in which drivers can be breathalysed but will provide a useful gauge for determining the extent of the role that alcohol plays in causing road collisions. I should be clear that the purpose of extending these breath-testing powers is not to obtain an increased number of convictions; in fact we would expect them to become more effective as a deterrent measure, with this success being measured against decreasing detection rates. The ultimate aim of these measures is to have a direct impact on the number of road deaths and injuries in future.

The first of the mandatory alcohol testing provisions were introduced by this Government in 2006. The number of people killed on our roads since has declined and the success of mandatory provisions can be attributed in part to a robust system of detection and scientific analysis. This is essential to maintain the public perception that there is a real risk of being detected and prosecuted and it is an integral part of the effectiveness of the deterrent.

During 2009, 529,037 breath tests were carried out under mandatory alcohol testing. The number reflects the commitment of the Garda to get behind new initiatives and this has produced dividends. Our achievements in recent years were recognised last year by the European Transport Safety Council with the presentation of a road safety performance index award to Ireland. Ireland has seen a reduction of nearly 50% in road deaths since 2000. In a European context, nearly 35,000 people were killed in road collisions in 2009. On an annual basis, approximately 1.7 million people are recorded as injured, with 300,000 or 18% recorded as serious injuries. Such statistics show that road deaths represent only the tip of the iceberg. Many people suffer lifelong injuries and trauma as a result of collisions. It is difficult to absorb these figures fully as the extent of their impact on road travel is so ingrained in our way of life that we have become complacent to its inherent dangers. It is vital, therefore, that we keep pace with innovations in road safety and drive forward legislation that will help us reduce these dangers. The Bill will help influence driver behaviour and send out a clear message that irresponsible choices will not be tolerated.

It is illegal to drive while under the influence of drugs. Enforcement of the law on drug driving is a matter for the Garda Síochána. When a member of the Garda suspects that a motorist is driving under the influence of any intoxicant, he or she may arrest the driver. However, unlike alcohol, there is no legal limit for drugs. The influence of drugs on driving behaviour is an issue of increasing concern. Unfortunately, the process of identifying the presence of drugs is more complex than for alcohol. The current road safety strategy provides for reviewing the legislation and appropriate enforcement options on this issue. It also provides for the development of testing of impaired drivers based on the incidence of drink or drug driving or both. As many Senators will be aware, the 2010 Road Traffic Act provides for such preliminary impairment testing. The Medical Bureau of Road Safety, in association with the school of medicine at University College Dublin, is responsible for the provision of this training to gardaí. It is hoped to commence such training in 2011.

On roadside drug testing, there is no feasible basis to date in Ireland or Europe for the introduction of a preliminary roadside test for drugs as testing devices are still in the prototype stage. While some progress is being made in research at European level, as yet nothing has been finalised. We must be careful about jumping the gun on this issue. If a device appears to be operating effectively in one region of the world, it does not automatically mean the same device will be appropriate for another region. A number of disparate variables are involved, including climactic conditions. If there were any doubt about the reliability of such apparatus, it could undermine the entire system in terms of prosecutions and road safety enforcement generally. Any proposals around the development of roadside drug testing will need to have certainty embedded in the process from detection to conviction.

On the matters raised by Senator Paddy Burke, mandatory alcohol testing at checkpoints will continue to operate. The provisions in the Bill are additional to those relating to such checkpoints. The Garda consults doctors treating patients in hospital. Legislation provides that testing for alcohol will take place within three hours of the driver being stopped or detected.

Senator Donohoe referred to the definition of a vehicle. Section 71 of the Road Traffic Act 2010 amends previous definitions provided for in the principal Act. The Minister is satisfied that the definition includes an electric vehicle. He also assures the Senator that funding is in place this year for the procurement of evidential breath testing instruments.

On the issues raised by Senator Feargal Quinn, the Road Safety Authority examines all issues related to the enhancement of road safety and advises the Minister on the appropriate approaches to be taken.