John Whelan (Labour) | Oireachtas source

I welcome the Minister to the House and commend him on an excellent Bill. He has been doing tremendous work in his Department and this is more good legislation that will have a significant impact on what we are all hoping to achieve, namely, to reduce the deaths and horrendous carnage that can happen on our roads, with terrible outcomes for families in terms of tragedies and trauma with years of rehabilitation needed in some cases. This is a very comprehensive, wide-ranging and constructive Bill which will lead to better and safer driving as well as better and safer vehicles on the road.

Unfortunately the Bill comes against the backdrop of 190 fatalities on our roads last year, an increase of 28 on the previous year. I hope it does not signal the start of a new pattern and it is just a road bump or a glitch for whatever reason. Given that we are still in January I hope we can make strong inroads this year into getting the numbers back down. The legislation will contribute towards that.

While it does not form part of the Bill before us, I commend the Minister on his ongoing commitment to rural transport. It is very important for people to be able to leave their cars at home and use public transport, such as the rural transport system. I know a new announcement on that was made this week. I also welcome the Department's initiative to introduce a rural hackney licence. While we have made tremendous progress in moving away from the culture of drink-driving, it is important to remove the temptation. Having a rural hackney system will help businesses in isolated areas to provide a service for their customers and offer an alternative to them thinking they might chance it on the basis that they have only had a few, which can be famous - and fatal - last words. While we have made tremendous progress I can remember times when people left pubs full to the gills at 10 p.m., when that was the time for Sunday closing, to drive to somewhere else for a bar extension. That car park would then empty out at 2 a.m. and one would wonder where everyone went.

We have made significant progress in terms of the culture and attitude and drink-driving is no longer acceptable. A person picking up keys to drive away from licensed premises with drink on board would rightly be frowned upon. Nevertheless I note that just today the Garda announced there were 805 arrests for drink-driving over the Christmas period. While we have made tremendous progress we still have some way to go.

There have been some very constructive and positive contributions from Senator O'Neill and Senators from the other side of the House, including Senator O'Sullivan. I beg to differ with what Senator O'Sullivan said about Mr. Gay Byrne, the chairman of the Road Safety Authority. It is his job to stand up and say what he thinks. The Minister is big enough and brave enough to accept constructive criticism and observation. I do not see it as being at odds. I believe Mr. Byrne is doing his job and rightly so. Who wants a lapdog in such an important role? It is up to him to make the observations he believes are correct. I have heard the Minister, Deputy Varadkar, speak publicly about this and he has said that he has taken Mr. Byrne's views into consideration in good faith. I do not see it as a personality contest or people being at loggerheads. We will all be better off for having a Minister who will be receptive and responsive to such robust and honest observations. One of the important parts of our success is the penalty points system and the dedicated traffic corps.

However, let us be honest about it. The Garda traffic corps has not been as visible in recent months as it had been prior to then. We are working in a time of short and straitened resources. We ask that the Minister raise the matter at Cabinet because there is a collective responsibility. We must ensure that the traffic corps is not undermined in terms of resourcing, man-hours or overtime when it is necessary for the corps to be patrolling, because not everyone will comply. Enforcement is a key part of the success that the Minister and his predecessors have had in reducing road deaths.

Let us be honest about the quality of vehicle that the traffic corps has at its disposal. If speeding is an issue - it is and the Minister has identified it as such - then it is important the officers in the traffic corps have vehicles comparable to those they are trying to deter from speeding. There is no point in a Garda team trotting along behind a high-powered vehicle in a Garda van and there is some of that abroad. We must show the Garda some respect and ensure that the force is resourced. Visibility in enforcement is a key factor in success. Certainly, it is not the only factor but it is a factor.

Senator O'Neill commented on penalty points. The new range of penalty points, the new system, the manner in which it is being applied and the way the Minister is introducing the system, is to be commended. However, it is important that the penalty points system is taken seriously and given respect. The imposition of points should be pro ratato the offence and it should be accepted as such.

I wish to put my hand up. I have been guilty of speeding in the past and perhaps driving while on the telephone. I have no wish to sound in any way pious on the matter but when that occurs politicians should show leadership. We should put our hands up, take the hit and accept our responsibility rather than looking for favours or seeking privilege. It is a crying shame and an absurdity to see politicians seeking to have penalty points quashed and then coming to the House and debating with the Minister about fatalities and road traffic enforcement. It amounts to speaking out of the other side of our mouths. I am applying this to myself and everyone else. We should lead by showing good example.

The Minister indicated that 2012 was the tenth anniversary of the penalty points system. However, there is a preceding provision which I call on the Minister to consider revising. Perhaps it is something that could be put to the Constitutional Convention in its continuance. Is there any scope any longer, in an modern, open, transparent and competent democracy, for politicians to invoke the privilege of the Constitution to avoid arrest on the basis that they are travelling to or from the Houses of the Oireachtas, the Dáil or the Seanad? The provision was in the Constitution for good reason at the time it was introduced. However, it harks back to an archaic provision and the time of the Civil War. Surely, we have moved on politically and legislatively and we can be more mature and confident these days. Why should politicians be any different before the law to anyone else? If we want people to respect and abide by the law then we should lead by example. I call on the Minister to consider the provision, contained in Article 15.13. It is not something the Minister can address within the Bill but it is something the Government could consider in a referendum down the road at the appropriate time.