Sean Barrett (Independent) | Oireachtas source

I move amendment No. 2:

In page 6, line 29, after “it” to insert “and where the drug use did not impair the person’s driving capability”.

These two amendments concern drugs and I stress that I am on the Minister's side. I am particularly conscious of the drug-related death in Cork over the weekend.

In amendment No. 2, I am looking to see if a belt and braces approach is needed. On the last occasion, the Minister mentioned the ability of the Irish legal profession to drive a coach and four through legislation, particularly where driving law is concerned. If a person is allowed to have a drug for medicinal purposes, could that lead to a defence that this drug was for medicinal purposes? If it strengthens the Minister's position, the response can be "Yes, okay we accept you had drug for medicinal purposes, but it did impair your driving." That is the purpose of amendment No. 2, if it is of use to the Minister.

Amendment No. 3 refers to drugs prescribed by a member of the medical profession and dispensed by a pharmacist, but states that will not be an excuse either if it impairs the person's driving ability.

As regards both amendments, I am asking the Minister to consider if there is a loophole concerning the use of permitted drugs for medicinal purposes. Can the use of such drugs be excused because they were prescribed for medicinal purposes, even if at the same time driving is impaired? In case there is a gap in the legislation, amendment No. 3 states that prescription drugs are not an excuse if the person is incapable of driving.

I support the Minister on the issue and offer those two amendments if they are of use to him in strengthening the Bill.