Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I understand the Senator's concern, but I do not agree with the proposal. Section 5(p) of the Bill inserts a new section, section 109A, into the Road Traffic Act 1961 to provide for new Garda powers to deal with dangerous driving. I appreciate the Senators are concerned about the reference to a vehicle which is not only being driven or used but also likely to be driven or used in any place in which it is or is likely to be dangerous. At first reading, this may look like it is an invitation to act on suspicion that something might happen rather than evidence that something has happened. However, if the Senators look at section 53 of the 1961 Act, which is the section that makes dangerous driving an offence, they will note that it makes it an offence to drive in a manner which is or is likely to be dangerous to the public.

The wording in the Bill, therefore, is nothing new and reflects the original wording relating to dangerous driving which has been on the Statute Book for more than 60 years. The same language is used in section 98 of the 1961 Act to make it an offence to commit an act which causes or is likely to cause traffic to be obstructed. This use of language has not created problems in that time. In fact, if we did not use it in the new section 109A, there would be a risk to public safety.

We are not talking in section 109A about a licence to arrest people on suspicion that they might commit a crime in the future; rather, we are allowing for intervention by a garda when there is an imminent danger to public safety so that the garda does not have to wait until the public is actually endangered. As I said, the language referring to what is likely to happen is well tried and tested in law and is already present in the offence of dangerous driving. It should be retained.