Leo Varadkar (Dublin West, Fine Gael)

The Road Traffic Bill (No. 2) Bill 2011 represents yet another step in the evolution of better driving practice in Ireland. Over the years, we have travelled a great distance in our approach to driving and safety. Thirty years ago, it was not common practice for people to wear seat belts, children were often unrestrained when travelling, drink driving was not unusual or taboo and the dangers of driving were not paramount considerations of daily life. In 1972, an incredible 640 people died on Irish roads, which equates to more than 50 deaths per month. Times have changed and road deaths are in decline, but we want the evolution of driving practice to continue. There is room for further change in making roads safer and such aspirations can be facilitated with this Bill.

Legislation in recent years has made a major contribution to safer roads. The Road Traffic Act 2002 introduced the fixed charge and penalty points system as well as a framework for implementing the mutual recognition of driving disqualifications between EU member states. The Road Traffic Act 2006 introduced roadside checkpoints for testing drivers, and the Road Safety Authority Act 2006 established the Road Safety Authority. Last year we made considerable changes to the intoxicated driving legislation under the provisions of the Road Traffic Act 2010, and this year we strengthened the provisions relating to mandatory breath testing under the Road Traffic Act 2011.

It is not a coincidence that in the same period since 2001, Ireland has witnessed a rapid improvement in road safety from the perspective of annual road death statistics. The number of fatalities in the decade from 2001 to 2010 has fallen by 48%, and if there are no dramatic changes this year, fewer than 200 people will have died on Irish roads for the first time since records began, making us one of the five safest countries in Europe for road fatalities. Despite such significant gains, however, we cannot ignore the fact that people continue to be killed and seriously injured. In the same way, we cannot ignore the grief and devastation that road collisions cause for families and communities. We must continue to challenge the statistics and leave no room for complacency.

The Road Traffic (No. 2) Bill 2011 will help us to meet that challenge. The Bill is the eighth legislative initiative that has been taken in regard to traffic law over the past decade, which truly reflects the extent of the work that has been done in this area and the extent of the changes I have outlined. While the provisions contained in the Road Traffic (No. 2) Bill 2011 are not new, they will allow us to implement and strengthen the initiatives that we have agreed through the passing of the Road Traffic Acts 2010 and 2011. The 2010 Act provides for the lowering of the current drink driving limits for all drivers with a particular focus on learner, novice and professional drivers. The new limits have been the subject of much media debate, and I think there is now a general awareness and acceptance that these measures will be and should be implemented without delay. The necessary breath-testing instruments for the lower limits are being provided at present and the administrative and operational systems to support the measures are being finalised. The Bill that I am introducing today will make key amendments to strengthen and improve the related legislative provisions before the new limits come into force.

The Road Traffic Act 2011, which was enacted earlier this year, amended the mandatory alcohol testing provision of the 2010 Act and was commenced in June. The commencement of that provision made breath testing of drivers for alcohol mandatory in situations where a person has been injured as part of a collision or where a driver is suspected of consuming alcohol when driving or being in charge of a vehicle.

My commitment to endorsing mandatory breath testing is again being represented in this Bill where the same mandatory testing provisions will be applied at the lower drink driving limits. The Bill reflects the changes that were made in the 2011 Act and further clarifies some of the related intoxicated driving provisions in the 2010 Act. In essence, this Bill will bring greater cohesiveness and strength to the intoxicated driving legislation, thus making it more resistant to legal challenge and more effective as a deterrent to bad driving choices.

In terms of the timescale involved, Senators will be aware that new evidential breath-testing instruments to measure the lower blood alcohol concentration levels had to be procured. The Medical Bureau of Road Safety is well advanced in the testing and installation of these instruments and a detailed training programme for An Garda Síochána in the use of the instruments has also been provided by the bureau. All stakeholders are on schedule for commencing the new limits in the coming weeks. As a result, I want this legislation in place as quickly as possible so that drivers will receive a strong message before the October bank holiday and the Christmas period that drink driving is not an option and cannot be tolerated. When operational, drivers can expect to be tested in more circumstances than before with more stringent limits being applied. For learner, novice and professional drivers, the lower limits will effectively mean a policy of zero tolerance.

In line with the Government's new proposals in relation to the introduction of legislation, I held preliminary discussions on the general scheme of the Bill with members of the Oireachtas Joint Committee on the Environment, Transport, Culture and Gaeltacht. I found the engagement very useful and the Chair has since written to me with the committee's proposals and recommendations, to which I will give careful consideration. Following discussion with the committee and the Attorney General, I decided to divide the provisions of the general scheme into two separate Bills. As I stated earlier, I want to introduce mandatory breath testing at the new lower limits as quickly as possible and, therefore, this Road Traffic (No. 2) Bill is concentrated mainly on these provisions. I intend to publish another Bill, the road traffic (No. 3) Bill, before the end of the year to address the other issues discussed with and raised by the committee.

At this juncture, I would like to give a bit more detail about the provisions in the Road Traffic (No. 2) Bill. Most of the amendments in this Bill are technical and some are minor. The Bill is largely a tidying-up exercise with a view to bringing greater cohesiveness to the intoxicated driving legislation as a whole.

The aim of section 2 is simply to bring clarity to the type of information a Garda can demand from a person who does not produce a driving licence. A garda can ask for a person's name, address and date of birth and failure to provide any or all of this information will be viewed as an offence. This level of information is vital to following up on an offence and for obtaining successful prosecutions. The 2010 Act already allows a garda to ask for this information but the amendments in section 2 will make the provisions easier to interpret and should minimise any confusion when commenced.

Section 3 is restating, through substitution, certain sections of the principal Act. Amendments are also being made to bring clarity to the offence of knowingly driving a dangerously defective vehicle. I do not want there to be any doubt about who could be prosecuted for an offence under section 54. The amended wording more closely resembles the original wording in the principal Act.

One of the more significant amendments arises in section 5 and relates to failure or refusal to produce a driving licence. While the overall policy remains the same as in the 2010 Act, the wording in this section has been substantially altered. The amendments are on foot of legal advice relating to the 2010 Act and recommendations by the Attorney General's office. Section 5 amends, by substitution, section 8 of the Road Traffic Act 2010 to bring clarity to the requirements related to the production of a driving licence where a person has been required to undergo a breath test for alcohol under sections 9 and 10 of the 2010 Act. If a person fails or refuses to produce a licence, it shall be presumed that the person does not hold a licence until the contrary is shown and he or she can prove otherwise. As it stands, the legislation immediately deems the person to be a "specified person" in the same circumstances. It is this deeming that was considered to require legal enhancement.

Section 5 also inserts a new section 8A in the 2010 Act to bring clarity to the options available to the courts in regard to offences. Section 6 amends the Road Traffic Act 2010 by substituting section 9 to reflect the obligations on drivers to provide a preliminary breath test as set out in the Road Traffic Act 2011. Section 9, as amended, provides for the mandatory preliminary breath testing of drivers where a member of the Garda Síochána is of the opinion that a driver has consumed alcohol or where a driver has been involved in a collision in which a death or injury that requires medical attention has occurred. The reference to "death" in the section is new to the provision simply to ensure there are no loopholes in the mandatory testing element.

Section 7 amends the Road Traffic Act 2010 by substituting section 14 to reflect the adjusted policy of the Road Traffic Act 2011. The section provides for the obligation on a driver to provide a blood or urine specimen while in hospital where that person has been involved in a road traffic collision and appears or claims to have been injured. There is nothing new in this section which simply combines existing legislation in a more appropriate legal location.

Section 8 provides for a number of technical and minor amendments to the Road Traffic Act 2010. There is one amendment, however, that I would like to highlight under this section. Paragraph (a) substitutes new text for the definition of "specified person" in section 3 of the Road Traffic Act 2010. Section 3 is being amended to provide that a person who does not hold a current licence for the vehicle concerned will be categorised as a specified person when prosecuting for intoxicated driving. The amendment reflects and reinforces existing legislation that all drivers must hold a current licence at all times.

That, in essence, summarises the Bill. I know that road traffic legislation is somewhat convoluted and hope I have explained the provisions clearly. I look forward to hearing the contributions of Senators. In previous debates about drink driving measures many referred to the development of a "nanny state". What does this mean? We are required to make judgements in all aspects of our lives and, in most cases, we will make sound judgments. However, a misjudgment in driving can have catastrophic consequences, not just for the driver concerned but also for others. We need to minimise the potential for such errors and targeting intoxicated driving is an obvious route. A recent study conducted by the Automobile Association found that 87% of motorists in Ireland believed drink driving was shameful. While it may be considered shameful by most, it is also foolish and irresponsible. Perhaps this viewpoint seems harsh, but statistics show that alcohol plays a contributory role in one of every three fatal accidents. It is important, therefore, that we reach the remaining cohort, the 13% who did not share the same strong views. Perhaps these are the drivers who think the risk is worth taking.

The measures to be implemented in the coming months will reflect what the majority believe about intoxicated driving. I hope a more stringent regulatory regime will convince those who still engage in drink driving to reconsider and evaluate their choices. A car, in certain circumstances, can be a lethal weapon. If used without showing due care and responsibility, it can cause untold devastation for individuals, families and communities. A state that regulates to protect its citizens is one that cares and puts the views of the majority first. I look forward to the co-operation of Senators in facilitating the passage of the Bill which I commend to the House.