Seanad debates

Tuesday, 10 July 2018

Road Traffic (Amendment) Bill 2017: Second Stage

 

10:30 am

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

Cuirim fáilte roimh an Aire go dtí an Teach. I welcome the Minister, Deputy Ross.

I support and welcome this legislation. The Minister has presented the rationale for it well. This is a human life and human dignity issue. It is one of those issues where we see the law must sometimes act in a way to deter behaviours, even behaviours which can be understandable in certain circumstances, which create dangers. This legislation flows from a respect for life agenda. I regret that in other areas the Government has not shown a similar respect for life in recent times. I do not intend to dwell on that but I will support this legislation in a full-hearted way.

It is welcome and sensible to reduce the permitted legal alcohol limit from 80 mg of alcohol per 100 ml of blood to 50 mg per 100 ml. The Minister is correct that it was anomalous, although he did not use that word, to reduce that limit but, at the same time, to distinguish between providing penalty points for convictions where the alcohol limit was over 50 mg but under 80 mg and only to provide for disqualification after that.

Drinking, whether socially or to excess, is an issue we all have to think about. We have a national alcohol problem. There are other areas of policy which need to be looked at seriously. The association between alcohol sales and marketing, as well as significant cultural and sporting events continues to the detriment of the common good. There is much doublethink in public commentary which continues. On the one hand, lipservice is paid to the fact that there is a national drink problem while, at the same time, there is a constant social referencing to drink in a way that tends to encourage, unintentionally but very definitely, drinking to excess. It is still a source of humour that people drink to excess sometimes. This must be reflected upon. There is much change needed in the way that alcohol is sold in our shops and off-licences.

This is welcome legislation which addresses that in some ways. However, everybody has found themselves in the situation that once they take a drink at all, they wonder if they are at the point where it is no longer safe to drive. That is a dicey situation in which to find oneself. Even though it will require a change of behaviour among many people, we all would accept that were it to be completely illegal to take any drink and drive, that would be no bad thing, particularly as there is no easy way of taking a drink and then finding out whether it is still safe to drive. The law is as it is and provides for certain limits. Due to this fluidity, however, between having had some and having had too much, as well as the way in which people can progress from drinking a little to drinking a lot, there has to be a clear and consistent law. That requires disqualification if one is over the permitted legal limit. Accordingly, I 100% welcome that provision.

I disagree with the way the Minister has characterised the opposition from some quarters in recent days. I know sometimes parliamentary opposition to his Department’s proposals or proposals from other Departments but pursued by the Minister with vigour can seem vexatious and annoying. Where people believe themselves to be representing important social goods, such as issues relating to loneliness in rural Ireland, they are entitled to the benefit of the doubt. That is not to say the Minister must cave into what they say but they are entitled to the benefit of the doubt. The Minister said they have a heavy cross to bear because of their opposition to the legislation. I personally think that is a little bit harsh. The Minister said that they bear some kind of responsibility should there not be an eventual reduction in road deaths as a result of this legislation and it having been delayed because of their opposition. The Minister placed too much of a burden on parliamentarians when he tried to close down their ability to debate legislation in that way. That is a matter of personal opinion. People are entitled to take whatever view they want of the motivation for people's parliamentary utterances. I certainly do think there was a debate to be had.

I come down on the side of the need to provide for automatic disqualification if one is above the legal alcohol limit. I believe the measure concerning unaccompanied learner drivers is also sensible. However, the Minister has made a change whereby this offence on the part of the owner of the vehicle is extended to cover cases where a driver is unlicensed. Will this apply to situations where a person let their licence lapse for whatever reason?Perhaps it is clear in the Bill and I have not read closely enough. I say that because I have to admit that once upon a time I let my driving licence lapse for a period of years without even knowing I had done so. If I was capable of not knowing my driving licence was not up to date, I would feel sorry for the owner-----

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