Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

The matters which are the subject of the amendment are all important. Carrying out research on road safety issues is one of the responsibilities of the Road Safety Authority, RSA, which has conducted a great deal of relevant research on a wide range of matters, including some of those listed in the amendment. Likewise, the availability of relevant information in statistical form and analysis of factors in road safety form essential components in improving safety on the roads. While I agree with the intentions of the amendment, I do not believe legislation is the place in which to specify the research that is appropriate. If we were to do so, we would find ourselves amending the law repeatedly, as new priorities and concerns emerged.

On the matters of road signage and conditions, since August 2007 it has been standard practice for a Garda forensic collision team to close a road following a collision resulting in a fatality or serious injury and undertake a detailed investigation of all relevant matters and the location where the collision occurred. It includes taking detailed measurements at the collision scene, including the measurement of the skid resistance of the road surface. A LA16 form is completed jointly by the Garda and local authority engineers following each collision resulting in a fatality. The purpose of the form is to record factual information on such collisions and quickly establish if there were road factors which may have contributed to the collision and which need to be remedied. When completed, LA16 forms are sent to Transport Infrastructure Ireland, TII, formerly the National Roads Authority, for analysis and ultimate decisions on any necessary remedy to address these factors. Examples of such factors would include missing signs, faded road markings or poor skid resistance results. By formally notifying TII of such results, the agency will be well placed to indicate to the road authorities what remedial works are needed or to undertake further investigations.

This post-collision investigation compares favourably with that carried out in other leading countries in terms of road safety. Where appropriate, a file is forwarded by the Garda to the Director of Public Prosecutions. It is in the context of this latter action that I cannot give consideration to publishing such reports, as to do so would undermine any decision taken by the Director of Public Prosecutions to initiate a prosecution or a hearing of the case as a result of serious road traffic collisions resulting in a fatality.

One of the changes introduced under the current road safety strategy which runs from 2013 to 2020 is that for the first time we are focusing not only on road fatalities but also on serious injuries. By extension, it is necessary to have the required data. The road safety strategy addresses this issue and notes the importance of additional information from the health sector. As emphasised in the strategy, the definition of a serious injury is problematic and has been the subject of widespread discussion at EU level, as well as in the wider international community. We need to ensure we are measuring the same factors as others are internationally. A serious injury is defined as such by the Garda at the scene, based on one or two factors, namely, an injury for which the person has been detained in hospital as an inpatient, or injuries, regardless of whether they lead to detention in hospital, including fractures, concussion, internal injuries, crushing, severe cuts and lacerations or severe general shock which requires medical treatment. That is the official definition of a serious injury, based on how the Garda should assess injuries. However, in practice it may be difficult for the Garda to assess the second aspect of injury. Hence, the challenge with under-reporting of serious injuries. Anything that does not fall into the categorisation listed is assessed as a minor injury. There would need to be one serious injury for a collision to be categorised as serious. It is no news to anybody working in the area of road safety that there are cases reported to hospitals of injuries on our roads which are not reported to the Garda. Being clear on what we are measuring when we talk about serious injuries is, therefore, essential. However, it is not appropriate to limit the RSA by writing into law what it should take into account.

In the case of the amendment, I note that there would be no obligation on hospitals or doctors to provide the RSA with information. We need the right data on which to base policy decisions and measure policy impacts. That is a given. On road safety, the RSA is the right body to collate data. However, nothing would be gained by specifying in law particular sources of data. Inevitably, there would be other sources of data available. We will have better law if we leave the data sources open to be selected and changed, as appropriate, over time. Otherwise, we would find ourselves constantly amending the law as data sources and priorities changed. For these reasons, I cannot accept the amendment.