Drink-driving prosecution loopholes
John Halligan highlights loopholes allowing many motorists charged with drink-driving to avoid conviction or continue driving, and calls for stronger enforcement and legal reform. The Taoiseach agrees that drink-driving is unacceptable and supports action to reduce road deaths, noting falling fatalities and the need to modernise traffic legislation.
Drink and drug-driving prosecutions are perhaps the most challenged legislation in our courts. Just yesterday, the relevant Minister, Deputy Donohoe, acknowledged to the Road Safety Authority that the laws are full of loopholes. Of the motorists before the District Court for drink-driving - we should bear in mind this only happens after they are tested positive for being over the alcohol limit using breath, blood or urine tests - an estimated five out of ten people escape conviction. Even if a driver is convicted, there is only a one in five chance he or she will have the licence number recorded by the court, potentially allowing the person to continue driving when a court has ordered that he or she should not. I acknowledge that these figures may be an overestimation but the fact remains that some people believe that technicalities and loopholes in the law, as well as finite Garda resources, mean that drink and drug-driving convictions can be avoided and they are no big deal.
These convictions are a big deal to many families, some of whom are here today. Ms Christina Donnelly is in the Gallery today and for her and her son, these convictions would be a devastatingly big deal. Christina's son Brendan and his friend Lee lost their lives when the car in which they were travelling was struck by a drunk driver. The driver, who fled the scene, was subsequently found guilty of dangerous driving causing their deaths, and he served three years and eight months in prison. Brendan was 24 when he died. The lives of all his family were torn apart that day and they are struggling since to come to terms with the devastating loss. Kate Flynn, who was to be here today, suffers five epileptic fits per day as a result of that accident. She is now undergoing surgery. Otherwise she would have been here today. Deputy Finian McGrath told me of Lucy O'Farrell whose son was also killed by a drunk driver.
I know the Taoiseach is meeting the family later and we are very grateful for that. Christina Donnelly has dedicated her life to road safety and is here today seeking the Taoiseach's support for the implementation of Brendan's law. Under that law, drivers involved in fatal accidents who fail a breath test would have their licence automatically suspended until the court appearance. Christina also believes that people found guilty of causing death while drunk or on drugs should serve a six-year jail term, with no discounts for good behaviour and mandatory disqualification from driving for up to 25 years. What she is proposing is not unreasonable since in several other jurisdictions, a licence would be seized instantly if a motorist is found to be over the legal limit. If a drunk driver causes serious injury or death, the licence would sometimes be suspended for life in some jurisdictions. On Ms Donnelly's behalf and that of the many other families, some of whom could not be here today, I ask for the Taoiseach's support for Brendan's law. Many people are watching on televisions throughout the country.
Comment on this
I thank Deputy Halligan for his comment and question. I am very happy to say hello to Christina after these questions. We can all empathise when death comes to any family under any circumstances, but it can be particularly tragic when it is caused by road accidents and specifically drunk driving. The key to reducing injuries and fatalities on our roads is to continue to change driver behaviour. It has changed from what it was 15 or 20 years ago. To this day for this year, 132 fatalities on the road have been recorded. That number is down by 30 for the same date last year. This cannot bring anybody back and those deaths create great tragedy and stress for many families.
Strides have been taken to strengthen the law. The introduction of mandatory alcohol testing has been a very effective instrument in preventing people driving in the first place when alcohol is taken. The blood alcohol content limit has been reduced, with even lower levels for learner drivers. All drivers in road traffic collisions where a serious injury occurs are now obliged to provide a preliminary breath specimen. Under the most recent road traffic Act from 2014, further measures were taken to strengthen the law, including the provision of road impairment tests. These are non-technological tests for drunkenness or intoxication. There is also the testing for intoxicants in incapacitated drivers following road traffic collisions. Furthermore, all convictions for drink-driving offences in the District Court carry a mandatory disqualification for a minimum of six months. Apart from that mandatory disqualification applying under the administrative penalty system, which only applies to drink-drivers below a certain limit and those who have not received a drink-driving fixed penalty notice within the previous three years, it is a matter for the courts to make a disqualification order which can be of any length preventing a person from validly holding a driver's licence for a period. That is a matter for the judge.
Due to the nature of the road traffic legislation and the constantly shifting circumstances, road traffic legislation is always a work in progress. The Minister has stated that because the road traffic Acts go back for many years, with many of them quite complicated and some out of date, he proposes to codify and update the road traffic legislation. That will take the sections, bits and pieces from over the years and put them into a modern law.
The Deputy mentioned Brendan's law. I am aware of the death of Brendan and his friend, Lee, and the other driver in the accident having been jailed for five years but serving a shorter sentence. He has been banned from driving for 15 years. I know what Ms Christina Donnelly is indicating when she says she would like to see a minimum sentence of six years plus a 15-year driving ban for anybody convicted of drunk driving causing death. In her case, the death was of her 24 year old son Brendan.
What Deputy Halligan raises is perfectly valid.
However, I suggest that as the Minister is ordering a review of all traffic legislation, to codify and update it to give us modern legislation, the case for Brendan's law can be debated in that context regarding whether it should become part of a reviewed and updated legislation. It is a very valid point of view, one of many valid points of view that are brought forward when this kind of situation arises. I would be happy to have it considered and will discuss it with the Minister in the context of the review of the legislation that is taking place.
Comment on this
I thank the Taoiseach for his response. As we know, one in three road crashes in this country is alcohol-related. The issue here is that the day after a crash, a drunk driver who was involved in that crash, even if it has resulted in the loss of life, is free to get behind the wheel again. I am not passing any comment on the individual case, but this individual was actually photographed in the paper a few weeks after that with the keys of a new car. This is the problem here. Any disqualification comes into effect 14 days from the date of the conviction. If the motorist, for instance, appeals that conviction, it will be adjourned until the appeal is heard and he can continue to drive in the interim.
I know the Government is acutely aware of the shortcomings of that particular Act, the 1961 Act and yesterday the Minister, Deputy Paschal Donohoe, acknowledged the increasing issue of drug driving and said new legislation was being drafted. We are asking the Taoiseach to commit to bringing consideration of the proposed Brendan's law, which simply put would mean that if a person is stopped for drunk driving or drug driving and is over the limit - all the indications are that many people who are stopped are not over the limit - they should not be allowed to drive until they come before the courts. Thousands of people around the country and around Europe have signed up to this. I am not passing any comments on sentencing, but such drivers should not be allowed drive before they come before the courts. One individual had 83 previous convictions. This Sunday is the UN World Day of Remembrance for road traffic victims. I know the Taoiseach is supporting this family and is going to meet them and his support today would send a clear message to motorists that the Government intends to come down hard on people who drink and drive and who use drugs and drive.
Comment on this
I share Deputy Halligan's view. There is no excuse for any person to sit behind the wheel of a car with alcohol taken. It is against the law and enforcement of the law is what people need to understand. I share the Deputy's view, because nothing can bring back the life of a person who is killed because of drunk driving. We had the recent powerful impact statement by a mother in respect of the loss of her young son. It is 54 years since the Road Traffic Act 1961 was introduced. Since then, 15 different traffic Acts have been introduced in this House. It is now past time to have that all codified and updated. The Deputy's request on behalf of Christina Donnelly regarding Brendan's law should be considered and that review is the time to do that. I would be happy to discuss that and that the Minister would consider it when the time comes. These laws are complex and they will not be reviewed overnight.
The Minister is now implementing drugs testing capacity on the roadside for drivers who have either drunk alcohol or engaged in substance abuse and sit behind the wheel of a car. The vast majority of people, particularly young people, understand this. One does not see the things we used to see years ago. There has been a big improvement, but any death is one too many. It is a point to be considered and I thank Deputy Halligan for raising it.