Sean Barrett (Independent) | Oireachtas source

I move amendment No. 10:

In page 19, between lines 17 and 18, to insert the following:
“23. Section 81 of the Act of 2010 is amended by substituting for subsection (7)(a) the following:“(7)(a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of Sergeant, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.".".

I welcome the Minister and thank him for engaging in the previous discussions when we given an insight into the use of technology and new interpretations of numbers for people without licences and so on. As he mentioned, road conditions may have been responsible for 3% to 6% of fatalities, rather than the driver of a vehicle. I am indebted to him for providing such information.

This amendment is tabled in response to a very recent case, in which it was judged that a roadblock was not legally valid as the person who had authorised it was not of superintendent rank or above. The amendment substitutes the term "rank of Sergeant" for "Superintendent". We have reproduced section 81(7)(a) from the Road Traffic Act 2010 and the amendment would increase the amount of assistance the Minister would have in achieving the commendable goal, which we all share, of improving road safety. The provision, as it stands, means that 2% of gardaí can decide on these checks. There is a Garda Commissioner, as well as a deputy commissioner, nine assistant commissioners, 45 chief superintendents and 159 superintendents. That gives a total of 215 gardaí. The strength of the Garda force is 15,330, meaning that this figure amounts to 2.1%, although it would be a little more if we were to take out the number of civilians. If sergeants and inspectors were to be given this power, approximately 80% of the Garda force would still be unable to mount these checks. The base on which action can take place is really small.

That was the problem in the case to which we referred. Superintendents and inspectors are people with authority in the Garda, as indeed are sergeants. If they feel these checks are necessary for speeding, drink-driving and other problems - we have a problem with road safety which appears to be increasing again unfortunately - why not use the Garda to a greater extent to assist the Minister and everyone in ensuring safer roads? The definition of “manager” in the 2010 Act seems narrow. I always thought of some of those excluded as being pretty powerful in the organisation. I would like to give them that discretion in the interests of safety through this amendment. It would be better for these ranks to have the discretion to put a system of checks in place for speeding or driving under the influence rather than having to go up the line to find a superintendent. The amendment aims to better utilise our Garda force in assisting in achieving an important national goal.