Jerry Buttimer (Fine Gael)
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I hope the Leader will remember that we should not be adjourning the debate for votes in the Dáil. I hope the Leader will get his act together for tomorrow and for the rest of the debates of the week.

As I was saying before I was interrupted by the vote, it is important that we tackle the issue of rural isolation and transport. I pose the following question to the Government Members. Is there a commitment on behalf of Government to have a rural transport strategy? I hope the Minister replies to that.

The café bar licence debate we had a number of years ago was a lost opportunity. Recently, I happened to be in Barcelona where I was impressed, not only by the city itself but by the fact that people could gather, socialise and mingle in an al fresco type atmosphere and in a nice ambiance with no impression of alcohol. As I stated before the suspension, we have an issue with our attitude to alcohol and I would like to have a wider debate. I support President McAleese's assertion that we need a national discourse on that.

Many Senators spoke about the issue of speed limits. It is important we have a debate on this. Recently, there was a furore in Dublin about the 30 km/h enforcement, and other Senators spoke about the lack of uniformity and about who determines speed limits. We missed a glorious opportunity here in the case of speed limits and I hope Deputy Dempsey, as Minister for Transport, with the Minister for the Environment, Heritage and Local Government, Deputy Gormley, grasp this. I cannot comprehend how on the main Cork-Dublin motorway the speed limit is 120 km/h, or it branches into 100 km/h, and with the best will in the world there are gardaí with speed cameras on that road. I set my cruise control and away I go, and I do not break the speed limit.

John Paul Phelan (Fine Gael)
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Senator Buttimer is lucky to have cruise control.

Jerry Buttimer (Fine Gael)
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I accept that. It is like a goldfish bowl mentality. I would like to see the statistics for accidents on the motorways between Cork and Dublin and Dublin and Belfast. I appeal to the Minister that we should go back to enforcing the speed limits where we have the majority of road traffic accidents and fatalities, on the non-national roads of rural Ireland.

I ask the Minister what is the major cause of road accidents. Is it speed? Is it alcohol? Is it bad engineering? The three Es we were always told about, were engineering, education and enforcement. Our engineering, perhaps, in some cases with the camber of the roads, has left much to be desired and now we see with the decline of the quality of road surfaces that many of the roads are a contributory factor to accidents and to fatalities. There is also a issue regarding speed and education.

I very much welcome the significant decrease in the number of deaths on the roads. I pay tribute to Deputy Dempsey, the Road Safety Authority, Mr. Gay Byrne and whoever else because every one of us collectively wants to see a reduction in fatalities on roads. We may disagree on the methodology of how we get to that point but there is a uniformity of acceptance that we must never allow our roads to become a carnage zone.

PARC Road Safety Group has campaigned for many years for mandatory testing of all drivers. That is a good suggestion which I very much support. We need to go after the motorists who are under the influence of drugs as well, and there is a growing preponderance of that.

Anecdotally, a number of people have come to me, rightly or wrongly, regarding non-Irish licensees who drive on our roads being able to abscond from getting penalty points or being prosecuted. I do not say that in any racist way whatever. It must be made clear to all road users, be they Irish or non-Irish, that they are subject to the laws of the land and the law must apply to them.

As I stated at the beginning, Fine Gael is in favour of this Bill. The Minister and the Government have been late in coming forward with this Bill, which should have been here a long time ago. I would like to hear the Minister's reply regarding enforcement and the lack of enforcement on speed cameras.

This Bill must be a testimony and a legacy to the people who have died and to their families because we can never allow our roads to become a haven for carnage. The Minister will have our support. He will have my personal support. I have reservations about some of it, but the thrust of the Bill is to be welcomed and the principle is good. The Minister is correct to stand up to some of the vested interests which, perhaps, have been dominant for too long. The passage of this Bill is important. I look forward to fewer people dying on our roads.

Mary White (Fianna Fail)
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Cuirim fáilte roimh an Aire. I remember speaking approximately two years ago on the previous Bill on the issue of mandatory testing. The PARC Road Safety Group submission to Senators called for an amendment to the Bill on mandatory testing at injury collision scenes. Research published in 2009 carried out by Dr. Declan Bedford showed that 92% of surviving drivers involved in fatal collisions on Irish roads evaded detection for alcohol. This was due to a failure of the Road Traffic Act to make testing mandatory in such circumstances. I remember calling at the time for testing to be mandatory.

The section of the Bill dealing with mandatory testing as a result of injury collisions, although much improved on the ambiguous laws we have had up to now, leaves much to be desired. The problem is one whereby a member of the Garda Síochána on arrival at the scene of a collision where there is an injury has a mandatory power to test but if a roadside breathalyser is not available at the scene and the garda or a colleague goes in search of one, on the garda's return the mandatory power is reduced to a discretionary one, which seems ridiculous. I am calling for an amendment to the Bill, to have the word "may" replaced by the word "shall", which is all that is required to retain the mandatory nature of the requirement to test, to read:

where the member of the Garda does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him or her (for a period that does not exceed one hour) and the member shall then require the person to provide, by exhaling into the apparatus, a specimen of his or her breath in the manner indicated by the member.

I seek the Minister's support in this important matter, which is of grave concern to many people all over the country.

John Paul Phelan (Fine Gael)
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I welcome the Minister. I want to make a couple of points on this legislation. I do not find myself in agreement with large parts of it. I realise I may be in a solitary minority in this House, but I have significant reservations. I do not represent any lobby group other than the people in Kilkenny and in Carlow who are part of my constituency, but I feel I must voice their concerns at what is being proposed.

I am not really a drinker. I have an odd social drink now and again. I rarely drink. I confirm what Senator Carroll stated about people of our generation and that the attitude to drinking and driving has changed. The Minister, the Government, Mr. Byrne and everyone concerned have succeeded in changing people's attitudes to drinking and driving. It is not only younger people. Among older people, now it is socially unacceptable - correctly - for people to drive after they have been in the pub, and I concur with that.

I also refute the notion voiced by many speakers tonight that this Bill will save people's lives. What will save people's lives is implementation. Earlier, one of the Green Party Senators spoke about the party of law and order. We have much law in this area already. We do not have enough implementation of the law that already exists, despite the statistics in the Minister's speech. That will be further affected by reductions in funding for the Garda, for example, in overtime for gardaí. The view is that, if these Houses pass legislation, results will miraculously occur on the ground, but we will not see any unless the changes are implemented. The Minister's proposals on the reduction in blood alcohol levels cannot be implemented until the machines that test those levels are in place with the Garda around the country. Anything we do today will have no impact until those machines are updated and in place. It is vital that we nail the fallacy that passing a law will suddenly result in a panacea. It will depend on implementation at local level and, despite the improvements, this has not been occurring to a sufficient degree. With further cutbacks in funding to the Garda, it will happen to a lesser extent in the years ahead. I wanted to put that particular point on the record.

I listened to Senators discussing rural Ireland. I represent a very rural part of it. That a Government would propose this legislation while slashing funding for rural transport initiatives is shocking.

Fidelma Healy Eames (Fine Gael)
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Hear, hear.

John Paul Phelan (Fine Gael)
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In my area, a number of groups that provide rural transport have had their funding cut dramatically. They are unable to provide a service for people. We are discussing issues of social isolation. For many in rural Ireland, the postman is as much as they see in the day. If they go to their local pub for a drink once per week, it might be the extent of their social interaction.

I completely refute Senator Ó Brolcháin's argument that the Green Party is looking after rural Ireland. Rural Ireland is pretty much dead. Most pubs are closed, shops, post offices and creameries are gone and people's focal points for meeting one another are disappearing off the landscape, be it in County Kilkenny or elsewhere. When the Government introduces legislation such as this Bill, it indicates a serious lack of acceptance of this problem.

The reduction in the number of road deaths is to be welcomed and there has been a considerable change in people's attitudes, but Senator Ryan was right, in that the greatest killer on our roads, particularly substandard county roads, is speed. It is a question of existing laws not being implemented to a satisfactory degree. Making some of these points is not easy, as people in my family have been killed in road accidents. I am sure other Senators can say the same about their families or friends. The only way to have no deaths on the roads is to have nothing on the roads or if we close them. Some Green Party Members have flippantly proposed the notion that we are aiming for zero. Of course we are, but people are killed on the roads because they travel on the roads. Recently, I found a shocking statistic that 92% of all pedestrians killed between 11 p.m. and 3 a.m. are intoxicated, yet I do not see the Minister or anyone else in the Government rushing to save those people's lives. I am not suggesting there is an easy solution, but many pedestrians and cyclists are killed on our roads and there does not seem to be the same level of interest.

I have spoken out in support of President McAleese's comments. I am not particularly a pub goer, but the pub is the centre of the community in a rural area like the one from which I come. I wish it was otherwise, but there is little by way of public buildings in rural areas other than the public house. Most family events and so on end up in the pub, which is bad. Senator Buttimer's statements on a cafe culture and so on were right, but the public house is the only place in many parts of rural Ireland where people can congregate. Sufficient cognisance is not taken of this reality by the Government. Certainly, sufficient effort is not made to provide alternative meeting places.

A number of times, Senator Mary White has spoken strongly on the issue of suicide. My colleague, Deputy Neville, published statistics today that showed a 24% increase in the number of suicides in 2009 on the previous year's level. Some 527 people committed suicide, up from 424 the previous year. For some reason and Senator Mary White might agree, the Government has not made a concerted effort to reduce the number of deaths and the trauma caused to families every year. I urge the Government to concentrate on this area.

In the context of road deaths, Senator Carroll was right to mention the impact of tiredness and driving under the influence of prescription or illegal drugs. Government media campaigns have highlighted these issues, but there has been no other effort by the Government or anyone else to tackle them.

The time of year during which most road accidents occur is the dead of winter. December is notorious, with the highest number of road accidents every year. A considered case has been proposed by others that this country might consider adopting European time so we would have an extra hour of daylight during the evening peak time when people are travelling home from work, as this would have a positive impact on the number of road accidents. I agree we should consider introducing European time as a means of protecting people travelling during rush hours, particularly in the evening.

I am not criticising the great deal of work the Minister has done on this matter, but too much lip-service is paid to what legislation will do when it is passed in this or the Lower House as opposed to what could be implemented on the ground were we to enforce the law as it stands. However, the law is not enforced satisfactorily.

Fidelma Healy Eames (Fine Gael)
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How much time do I have?

Paschal Mooney (Fianna Fail)
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Ten minutes.

Fidelma Healy Eames (Fine Gael)
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Will my colleagues have time to speak?

Paschal Mooney (Fianna Fail)
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The Minister will be called at 8.20 p.m., so the Senators will have approximately 20 minutes. Are three Senators offering?

Diarmuid Wilson (Fianna Fail)
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They will need to share time.

Fidelma Healy Eames (Fine Gael)
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Could I take seven minutes?

Joe O'Reilly (Fine Gael)
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Could each of the three of us have seven minutes?

Paschal Mooney (Fianna Fail)
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I cannot guarantee anything, as someone on the other side of the House or from the Labour Party or the Independent group could indicate. The Senators need to make their decision.

Fidelma Healy Eames (Fine Gael)
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Could we each have six minutes?

Paschal Mooney (Fianna Fail)
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That would be fine.

Diarmuid Wilson (Fianna Fail)
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How about three minutes each?

Fidelma Healy Eames (Fine Gael)
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No, not three minutes. I could not do it.

Joe O'Reilly (Fine Gael)
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Could the Chair silence Senator Wilson?

Paschal Mooney (Fianna Fail)
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Would Senator Healy Eames like to be told when she is approaching six minutes?

Fidelma Healy Eames (Fine Gael)
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Yes. I thank the Acting Chairman for listening while we worked this out.

I welcome the Minister. In principle, I welcome the Bill, the aim of which is good, namely, to make our roads safer so that more lives are saved. However, it is important that I make a few points in support of other Senators' comments. For example, I support Senator Phelan's comments on the importance of implementation. Many claim the current role of the Garda is not about making our roads safer. Were that the case, gardaí would be more visible. In rural and urban areas of the west, I am regularly told that the Garda's enforcement is a revenue raising exercise as opposed to an effort to make roads safer. This matter needs to be considered.

The Bill will reduce the legal blood alcohol concentration level to 50 milligrammes per 100 millilitres of blood.

There is considerable evidence to support this. Studies taken by the British Medical Journal concur as 50 milligrammes is generally seen as the stage when impairment becomes noticeable. One of the studies I looked at also saw signs of impairment in driving at 70 milligrammes. However, in the case of 20% of the people studied impairment was reported at between 10 milligrammes and 40 milligrammes. In particular young men under 20 and men over 55 have an increased risk at lower concentration. It is thought they have a 30-fold increased risk at 80 milligrammes, so there is a good reason for reducing blood-alcohol levels, and on that I compliment the Minister.

I support the notion of safety first and the fact we must consider that of the 281 road fatalities in 2008, some 120 involved those in the age group 16 to 30, and 204 of those who died were males. I temper those remarks, however, by asking that the incidences of sleep and tiredness be considered as well as distances. We now have the new M6 from Galway to Dublin. Compared to when people drove the poorer roadway, there is now greater likelihood of falling asleep while driving because the road is so boring, as was pointed out to me at a meeting last night.

In this regard we need to look at the Australian model, with people driving very long distances, but with considerably more signage and warnings as regards the dangers of falling asleep at the wheel. Considerations such as body weight, food and nutrition are also relevant issues, as regards the effects of alcohol in the body, and whether someone will have eaten adequately etc.

In principle I accept there is a good argument for reducing the blood-alcohol level, but we need to temper everything the Minister is doing with the realities in different areas of the country, particularly rural Ireland, as others have mentioned. According to Irish Rural Link's CEO, Seamus Boland, enforcing higher limits will not save a single Irish pub from closure and most importantly, neither will it free people from rural isolation. People need rural transport in rural communities and this is an opportunity for publicans and communities to come together to provide an adequate support system for their locality, he says. However, under current economic constraints supports are needed before pubs close down.

What happened to the pilot proposal around rural transport of the former Minister for Community, Rural and Gaeltacht Affairs, Deputy Éamon Ó Cuív? Has the Minister any suggestions as regards how he might assist in this area? This would be responsible legislation if he could reduce blood-alcohol levels while matching this with measures that ensure people still have access to public houses.

More than 40% of the population lives in rural areas. Rural dwellers have a higher poverty rate to urban dwellers according to recent CSO figures, which means they have less disposable income for taxis etc. More than half the households in rural Ireland reported difficulty in accessing public transport as compared to 11% in urban areas. It just is not there. On one occasion a few years ago when I wanted somebody to mind my children, nobody would take the job because there was no way of getting there without a car.

One third of rural dwellers have difficulty accessing banking services and local GP services as compared to 15% of urban dwellers, again showing the heightened sense of isolation in rural Ireland. The HSE farm and rural stress helpline found that 50% of callers were living alone, 41% cited depression and suicidal thoughts as their main mental problems and 43% cited loneliness and no support as the main reasons for calling the helpline.

Making it more difficult for people in rural Ireland to access pubs will exacerbate these figures. In a few years we shall have enormous difficulties, as regards the increasing rates of suicide, as Senator Phelan has indicated, with new figures out today. There has been an increase of 26% since last year. We shall have to look for new measures to counteract rural isolation. If the pub is serving a function at the moment, why not find a way? Pub means public house, and not necessarily a place in which to get sloshed and drunk out of one's mind. It provides an opportunity for people to meet. By reducing the blood-alcohol levels we are increasing fear, enhancing rural isolation and effectively promoting excessive drinking in the home.

I have seen this in my locality, unfortunately, with two older families falling into the habit of excessive drinking in the home since they are so fearful of going out because of the tighter drink driving limits.

I call on the Minister to match the reduction in blood-alcohol limits responsibly with rural transport supports, to make the continuation of life in rural Ireland possible. This would be good for the economy and indeed for Fianna Fáil. That party has depended on rural Ireland for many years, so do not let it down now.

Joe O'Reilly (Fine Gael)
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At the outset I acknowledge the reduction in road deaths in recent years, and express my pleasure in that regard. I acknowledge the Minister's commitment and contribution to that as well as the input from the breathalyser legislation. There is a remarkable change in our culture and in our attitude to drinking and driving which I also acknowledge and welcome.

Second Stage is an appropriate time to introduce some cautionary remarks in relation to this legislation, however, to put matters in perspective, lest we get carried away. Looking at the study cited in the Library digest by Beirness and Simpson in Canada, and from personal observation, very few people are involved in serious road accidents with an alcohol limit below 80 milligrammes. In so far as they might be, the likelihood is that the other driver was significantly over the limit. All objective and empirical studies suggest the majority of people involved in fatalities and serious road accidents are over 150 milligrammes. Those are the facts and the legislation needs to be framed in that context.

We do not have a saliva testing process along the roadside for drugs such as cocaine, speed, cannabis etc. as they do in Australia. From anecdotal evidence and practical observation, I believe that many current accidents in Ireland have their origins there. I acknowledge the Minister's personal commitment to road safety, but I say to him that therein lies a major lacuna in our approach. The issue of speed is critical, and the statistics show that the majority of accidents occur late at night and involve young people, as well as speed and driving in excess of the alcohol limit and possibly drug limits. Those points are worthy of note in the context of the legislation. Perhaps if we implement existing law there might not be the same compelling case to be made for this legislation.

It will not be helpful to the process if in this House we display reactions to the proposed legislation that are not well thought out. We should not adopt a knee-jerk reaction to lowering limits, when there are far more complex issues to be considered.

To sound another note of caution, every Member from a rural constituency will point to the rural way of life and the problems experienced by single persons who do not have a social life, many of whom are prisoners in their own homes. While the reduction in the drink driving limit is meritorious, isolation in rural areas, with the decay of the pub as the focal social centre for so many who have no alternative, must be taken into consideration.

The Minister must keep in mind those counties in which there is no rail service or adequate bus network. Where I live in County Cavan many work in the chicken processing plant in Shercock or the engineering firm Pauwels. There is no public transport service available for the workers in these plants to get to work. They are dependent on the car. While people are opting not to drink and drive and use designated drivers, which all public representatives and professional publicans encourage, many who may have had a few drinks the night before are concerned that they will still be over the limit when driving the following morning. It is an issue that needs to be addressed. I know it is not politically correct to raise this issue but somebody must. There must be some advocate for the people concerned who are voiceless.

I hope the Minister will take these matters into consideration. They need a holistic approach rather than just taking one piece of the jigsaw in isolation. If we opt for the latter, it will only lead to human misery. I could spend an hour with narratives about individuals who live in isolated rural areas and have no social contact. This is an issue that needs to be addressed, as does the issue of road fatalities. A balance needs to be struck in this debate. I hope I have served my constituents properly by striking that balance.

Paddy Burke (Fine Gael)
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While I largely welcome the Road Traffic Bill 2009, I am disappointed, like Senators O'Reilly and Healy Eames, that the Government has not taken an initiative to help rural areas in which there is no access to public transport which may be affected by this legislation. Will the Minister examine some ways of assisting them? The introduction of various measures such as reductions in VRT and tax breaks to assist publicans to provide transport in their localities has been suggested. I hope the Minister will examine these suggestions favourably, as they would greatly relieve the problems experienced in these areas so eloquently described by Senator O'Reilly.

I participated in the visit of the Joint Committee on Transport to Australia, the world leader when it comes to road safety. The recommendations made in our report have been implemented by both the Minister for Transport and the Road Safety Authority. I have an issue, however, with unmarked Garda cars on transport duties. Having more marked cars would be a much better approach. When drivers see Garda cars on the road, they tend automatically to slow down or check their driving behaviour. In Australia the authorities did away with the unmarked police car approach and instead there is a visible police presence on the road network. This has led to Australian drivers checking their driving behaviour and patterns.

Another option the Minister should consider is having reduced speed limits in bad weather conditions, similar to the system in place in France where the maximum road speed is 130 km/h in dry weather which is reduced to 110 km/h in wet weather. Ireland should adopt a similar system.

On some roadways one will encounter strong lights on pillars outside houses. In approaching them from a distance a driver will find it difficult to determine from which side of the road the light is coming. Homeowners with such lights outside their homes should be required to place a shield around them to prevent them disorienting oncoming drivers.

In New Zealand street-parking against the flow of traffic is prohibited. Adopting such a rule would help traffic flow in many towns and prevent cars driving out into oncoming traffic.

Section 42 provides for the appointment of traffic wardens and commissioners. Is this going down the road of privatising tests as regards alcohol consumption and the issuing of speeding fines? Section 42(1)(c) states, "Neither the Civil Service Commissioners Act 1956 nor the Civil Service Regulation Act 1956 apply to the position of traffic warden". Who are their superiors? Do they report to their local Garda superintendent? Will they need specialised training in the college in Templemore or provided by private companies? Will the Minister allay some of these concerns, as I believe this is an attempt to privatise some of these services? I am not in favour of outsourcing or privatising alcohol consumption testing or the issuing of speeding fines.

Noel Dempsey (Meath West, Fianna Fail)
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Ba mhaith liom buíochas a ghlacadh leis na Seanadóirí a ghlac páirt sa díospóireacht seo. I thank Members for their support for the measures contained in the Bill. I accept some may have tempered their support in some respects. I welcome the fact the Opposition has agreed to support the Bill on Second Stage. I thank Members for the kind comments on the award received by Ireland for our work on road safety, which I accepted last week. It is a recognition of the importance the Government attaches to the problem of road deaths and injuries. As I stated in my opening remarks, it is a tribute not only to the Minister, the RSA, the Road Safety Authority, the Garda, the Department of Transport or any one individual group, but to everyone, including drivers, those who use our roads and all those who campaign on road safety issues.

I will try to deal with several of the points raised by Senators in the short time available. We can deal with the other points on Committee Stage because I am sure amendments will be tabled. Senator Donohoe raised the issue of graduated driving licences and the possibility of rehabilitation schemes and so on. This relates to action No. 119 of the road safety strategy and it is a task for the Department of Justice, Equality and Law Reform. Part of its remit under the Road Safety Act is to research and evaluate the effectiveness of alternative correction rehabilitation programmes for a range of road traffic offences and this is currently being pursued by the Department.

I refer to the question of the new EBT, evidential breath testing, instruments. I have made my view on this matter very clear from the beginning and I recall exchanging views with Deputy Broughan on this matter over the airwaves. Anyone who knows anything about this subject is aware there must be a lead-in time before EBT instruments can be put in place. Normally, this period is anything from 24 to 30 months. In an effort to shorten this time, once the Bill was published I instructed the Medical Bureau of Road Safety to start the process. I indicated the schedule was to have the Bill passed for the summer and, hopefully, we will do that. I indicated quite clearly that the bureau should start the purchase or tender for the equipment. The bureau has done this and it has cut at least six or eight months off the timescale. The instruments will be in place. Obviously, they must be bought and tested and the Garda must be trained. All of this takes time but they will be in operation by the end of summer next year.

Several Senators raised the issue of rural transport. The Government is committed to a rural transport scheme which was introduced in 2001. We provided €2 million or €3 million at that stage. We continued the scheme and the provision increased to €6 million. When I came to the Department, the allocation was €9 million and it is now €11 million. In addition, a further €5 million or €6 million is paid over by the Department of Social Protection. The programme was heavily criticised by several people when it was first introduced by the then Minister for Public Enterprise, Deputy Mary O'Rourke. We remain committed to the scheme and several pilot initiatives have been introduced to determine whether we can expand it. We are working with the HSE and several other bodies, including Bus Éireann with its networking expertise and school buses, to establish whether we can put in place a more extensive rural transport scheme.

I refer to the question of the graduated driving licence. The RSA undertook to put in place a consultation process which it has now completed and it has reported to me on the matter. Several measures have been put forward and I have approved the proposals in principle. Some require refining, some will require primary legislation and some can be put in place through pilot schemes which the RSA will carry out with full support. Some of the other measures related to graduated driving licences must wait for the next Road Traffic Bill which will be during the course of next year.

Several Senators raised the question of drugs and drug testing, including Senators Ó Brolcháin, Ryan, Carroll and Buttimer. The Garda can test for drugs; this is not a problem. Often, when gardaí test for drink and find no evidence, blood tests are carried out for drugs and other intoxicants. Offences are prosecuted in this regard. However, I accept it is an increasing problem. The difficulty lies with the fact that there is no roadside test for drug driving and this is because such testing is unreliable. There is no point going off half-cocked and including a measure in the legislation which we cannot stand over. The methods we use to decipher whether a person has drugs in his or her system must be sound. We have no wish for the whole Road Traffic Bill to be thrown out because we included something unproven or untested. That is the situation but I am as impatient as Members on all sides of the House to try to introduce a test as quickly as possible. However, we must ensure we do not jeopardise everything else in the legislation in the process.

The Bill replaces impairment test measures, which were provided for previously. When a garda stops a person on the side of the road in the knowledge that such a person is driving erratically and suspects the person is drunk but the breathalyser does not show this up, that garda will be able carry out impairment tests on the roadside to allow him or her to form the opinion that the person has an intoxicant in his or her system. That person can then be taken to the Garda station and proper tests can be carried out on foot of which a prosecution may follow.

Senator Ellis raised the question about mutual recognition of penalty points and whether it was in breach of or illegal under European law. My legal advice is that it certainly is. There is an agreed EU convention on disqualifications and we must secure a convention on the penalty points system. In the meantime, we must consider the recognition of penalty points and we wish to ensure the UK and ourselves can come to some mutual agreement on the matter. I do not believe this will cause a problem from a European law point of view.

Senator O'Toole raised the question of a credit card style driving licence. I have already indicated that I intend to introduce such a card and I am no longer waiting for the EU. We have started the process in train and, hopefully, by the end of next year we should have it in place. I have asked for the matter to be expedited as quickly as possible.

I refer to section 9 which deals with mandatory testing at the scene of an accident and in other cases. We amended the section in the Dáil to strengthen and clarify it. Senators O'Toole and Mary White referred to this in their contributions. I will re-examine the matter before Thursday to establish if it is possible to tighten it further and to make it somewhat clearer. We will introduce mandatory testing, a significant step forward, and we will refine it as much as possible. I will inform Senators of progress in this regard on Thursday.

Senator Carroll asked about introducing a zero blood alcohol limit. The issue has often been raised and reference is made to the position in many European states. However, the records in these countries tend to be way behind ours. I would not be comfortable in reducing the blood alcohol level to zero when I hear so much about how alcohol can be in the system when one is undergoing tests. I would be concerned, if we were to go down this route, that the legislation would be thrown out of court because of the imponderables. In some cases, reducing the blood alcohol level to 20 milligrams is as positive as reducing the level generally, but I do not want to jeopardise the legislation by reducing it to a level that we could not stand over scientifically.

A number of Opposition Senators raised the question of the Garda not enforcing the provisions of traffic legislation owing to overtime bans and so on. There is a dedicated traffic corps. If most road traffic accidents occur between the hours of 11 p.m. and 3 a.m., particularly at weekends, that is time the Garda traffic corps should be on duty. Under the Croke Park agreement which will transform public services, there is a need for flexibility such that a ban on or reduction in Garda overtime will not affect road safety and that the figure of 75,000 hours will still be met. Senators opposite say that because Garda overtime is being reduced we are putting lives at risk. While it is a matter for the Garda Commissioner, if there is a dedicated Garda traffic corps, this is the job it should be doing 24 hours a day, particularly at times of greatest danger. In saying this I do not want anybody to imply that I am criticising the work of the Garda in this regard. If what Senators opposite say is a problem, the answer is not the provision of more money or overtime but the proper organisation of the way gardaí work in order that they will be on duty at the times they are needed most.

Some members raised the issue of the condition of roads. Some 40% of accidents are attributable to speeding, while in 33% to 37% of cases, alcohol is a factor. The condition of roads and vehicle safety are minor factors. The three major factors are not wearing a seat belt, drink driving and speed.

Senators raised the issue of suicides. I do not wish to add to the grief or pain of anybody who has had somebody in their family commit suicide. I know a number of families who have been bereaved in this way. It is not something any of us like to hear about, but blaming this legislation which has not yet been passed or previous legislation for an increase in the number of suicides, when there is no scientific evidence to back up such a claim, is not acceptable.

I do not wish to finish my contribution on a negative note. I thank Senators for their positive contributions and their support for the Bill on Second Stage. I look forward to taking Committee and Report Stages on Thursday.

Paschal Mooney (Fianna Fail)
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When is it proposed to take Committee Stage?

Diarmuid Wilson (Fianna Fail)
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Next Thursday.

Committee Stage ordered for Thursday, 1 July 2010.

Paschal Mooney (Fianna Fail)
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When is it proposed to sit again?

Diarmuid Wilson (Fianna Fail)
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Tomorrow, at 10.30 a.m.