Kathleen Lynch (Cork North Central, Labour)
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Question 24: To ask the Minister for Transport the way in which and when he proposes to provide for the commitment in the road safety strategy to amend section 22 of the Road Traffic Act 1994 to provide for greater charges for convicted drink drivers. [35905/05]

Gay Mitchell (Dublin South Central, Fine Gael)
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Question 82: To ask the Minister for Transport when random breath testing will be introduced; and if he will make a statement on the matter. [36014/05]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 24 and 82 together.

The question of the adoption of changes in the circumstances where the driver of a vehicle can be made the subject of a preliminary roadside breath test has been the subject of considerable debate and consideration for some time.

The current road safety strategy recommends that the introduction of random breath testing should be pursued within its operational time frame of 2004 to 2006. Against that background, my Department is examining the development of a scheme for a more general basis for roadside testing in close consultation with the Office of the Attorney General.

Drink driving laws are regularly challenged in the higher courts so it is important that any such initiative can withstand legal challenge. This requires that a balance be struck such that measures aimed at reducing road fatalities, which are clearly for the common good, are proportional in that they have proper regard to the legal rights of the individual.

I wish to find an approach to extending the scope of roadside breath testing in a manner which, both has regard to the legal concerns regarding proportionality, but also gives gardaí significant additional scope to demand that motorists submit to roadside breath testing.

I recently met the Chairman of the Oireachtas Committee on Transport and party spokespersons for a discussion focused solely on this issue at which I outlined the legal concerns as I understand them. I am endeavouring to work with my colleagues on the committee to find a solution to this issue which crosses party boundaries.

In the meantime, gardaí are empowered to require that all drivers involved in road collisions or detected committing any traffic offences must submit to road-side breath tests. This is in addition to the power to demand that a driver who in the opinion of a garda has consumed alcohol must submit to such a test.

The proposal in the road safety strategy to advance random breath testing represents one of a number of linked initiatives in the area of drink driving that will be pursued together. These include a specific proposal for an increase in the charge imposed by the courts under section 22 of the Road Traffic Act 1994, on those convicted of drink driving as a contribution towards the costs of the medical bureau of road safety in carrying out their analysis.

Gerard Murphy (Cork North West, Fine Gael)
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Question 26: To ask the Minister for Transport if he has had correspondence with the parents of a person (details supplied); if not the reason for same; if he will discuss with them their concerns in relation to road safety; and if he will make a statement on the matter. [36032/05]

Martin Cullen (Waterford, Fianna Fail)
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My Department and the NRA have received correspondence, both directly and indirectly, from the parents of the person who tragically lost her life in a road accident on the N59 at Murrivagh, Westport in December 2004. The concerns raised in this correspondence relate mainly to the possible contribution of road conditions at the scene of the accident and the adequacy of the supervision of improvement works carried out by local authorities. These concerns have been brought to the attention of the NRA which is responsible for the improvement and maintenance of the national road network. I understand that the NRA has updated and reissued guidance to local authorities in relation to pavement improvement works and resurfacing. Both I and my Department would be glad to consider the views of the family involved on road safety generally.