Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I suppose the deed is done now, but I am not sure if it was a good idea to group all of these amendments together, given that some of them propose to increase penalty points and others propose to decrease them.

The Senator has made a number of proposals to adjust the number of penalty points for particular offences. The Bill, as it stands, contains a large number of adjustments to the penalty points system. These arose out of a comprehensive review of the system which I commissioned back in 2012. That year marked ten years since the introduction of the penalty points system, which was created under the Road Traffic Act 2002.

The penalty points system has been adjusted on occasion. It will always be a dynamic process and will need to be adapted over time as new threats to road safety are detected and as some kinds of offence become more prevalent or pressing than others. As a system, it needs to be adaptable to changing circumstances. The tenth anniversary of the system offered a useful opportunity to review it, and to see what updates and adjustments might be needed. I ordered such a review, which involved examination of a variety of evidence on the working of the system, and consultation with key stakeholders, including the Joint Committee on Transport and Communications, which includes several Senators. I was very grateful for the input of the committee at the time, as well as of other stakeholders and participants, to the final report.

Section 10 represents the outcome of the review. I am not keen on unpicking at this stage what was decided in the penalty points review, something on which the joint committee gave its views at the time. The review was very comprehensive and I do not think it would be appropriate to make further adjustments which were not recommended by the review or supported by the joint committee. In addition, I would have a particular concern with going as high as five penalty points for a number of offences, particularly as we are now setting a new threshold of seven points for learners and novices. In light of this, I cannot support these particular amendments.

The issue of smoking and driving was raised on Second Stage, and I asked the Road Safety Authority for its views on the matter and whether it was of the opinion that smoking while driving was a safety hazard. We try to ensure everything we do in respect of road safety and penalty points is evidence-based and proportionate in order that people will support the system and have faith in it. The Road Safety Authority informed me there is insufficient evidence currently to recommend the implementation of a ban on smoking while driving from a road safety perspective. While smoking is prohibited on buses, in taxis or other commercial vehicles being used in the course of employment, there is no comprehensive body of evidence at this time to support a ban on smoking in all road vehicles, including private vehicles. The RSA’s view is that the issue of smoking is first and foremost a public health concern rather than a road safety issue.

A number of studies have been conducted in this general area, but they have not provided conclusive evidence of smoking as a road safety risk, nor argument for prohibiting smoking in vehicles on road safety grounds. Smoking while driving is one of a number of in-vehicle distracting behaviours, including eating, drinking, listening to the radio or having a conversation with a passenger, which can all potentially contribute to collisions. Distraction is a topic that is and will continue to be addressed in the RSA's public communications. I think, therefore, that the issue of smoking in cars would be better considered in the context of health than in the context of road safety legislation.

The Senator's amendment proposes to make it a penalty to hold or have about the person tobacco or a similar product. Therefore, it would be an offence for a driver to have cigarettes in his or her pocket or possibly in the side door of the car. That would be the effect of the amendment, which is far too onerous. It effectively bans the possession of cigarettes in the car while driving.

I agree with Senator Cummins's point that U-turns can be extremely dangerous. I was a passenger in an accident that involved a U-turn. The accident happened during the day. The person driving the car made the U-turn and it seemed fine, but another came driving down the road. U-turns are performed quite slowly, and it is often only when a driver is half way through the U-turn that he or she sees the other car flying down the road. I was involved in such a collision. Thankfully nobody was injured, but two cars were very badly damaged. I accept Senator Quinn's point about U-turns at 3 a.m. when there is no traffic on the road, but that is where Garda discretion comes in. I have yet to hear of a case where somebody got penalty points for doing a U-turn at 3 a.m. with no traffic on the road. If I hear of such cases, I will certainly reconsider the matter. Garda discretion has been discredited recently due to the issue of termination of penalty points, but none the less Garda discretion is necessary to have policing by consent.

That is an area where gardaí use their discretion appropriately.

The issue of turning left on red at a traffic light was raised, although it is not related to the amendments. When I became Minister, I asked for papers to be done on why we have 24 hour bus lanes - there are good reasons for them - and why we cannot turn left on red similar to the provision in the US where one can turn right at a red light. There is a debate to be had on this. Perhaps I will put the paper that was done on this issue in the Oireachtas Library. Such a measure could be introduced but roads in America tend to be bigger and wider and have multiple lanes with designated pedestrian crossings. In Ireland, almost every junction is an informal pedestrian crossing and there would be risk in introducing such a change. My mind is not closed on it and, therefore, I will lay the report before the Houses in the Oireachtas Library and allow Members to discuss it on another occasion.