The Drink Driving Limits In Ireland Law Constitutional Administrative Essay

Published Date: 02 Nov 2017

Critical Thinking

CA 3 (50%)

Essay: Public policy change – "The reduction of the drink-driving limits in Ireland"

http://www.derryjournal.com/webimage/intt5010_900x_drink_driving_1_3003995!image/2281191160.jpg_gen/derivatives/landscape_595/2281191160.jpg

Name: Brian Killeen

Student No.: G00199265

Course: Bachelor of Business (H) (Level 8)

Date: 11th November 2011

Table of Content: Page

Introduction 1

Statement of policy change and rationale behind it 1-2

Pro and con from major groups 4-5

Discussion of costs, risks and benefits of the policy change 5-6

My opinion in relation to success of the policy change 6-7

Conclusion 7

Reference List 8-9

Introduction:

The topic that I have chose to base my public policy essay on is legislation in relation to the reduction of the drink driving limits in Ireland from 80mg to 50mg as of October 2011 and the positives and negatives of the implementation of this legislation. Also I will highlight the impacts that this legislation will have on the general public, publicans and the overall safety on our roads and the responses to the legislation from different social groups and government bodies on the positives and negatives from the groups in favour and those opposed to the new bill. My reasons for selecting this policy change is that is a change has been implemented only a fortnight ago and is a very current issue and it remains a fascinating topic that is on everybody’s lips at the present moment. It is a change that effect’s the majority of the general public from elderly individuals, publicans and socialising in general in Ireland as nearly every social occasion in Ireland involves alcohol consumption and with a poor rural transport system in Ireland this poses many problems for individuals. The topic of drink driving remains a fascinating debacle on this island as nearly every individual has heard of instances of either neighbours, family members or friends that have being detected for drink driving offences with some having sympathy for the offenders and others adopting a zero tolerance and a justice-was-served mindset. A drink driving conviction can have devastating consequences on individuals as employment prospects can be greatly diminished and can prove to be an inconvenience especially if relying on public transport to travel to work if residential in rural areas. In years gone by drink driving laws on this island were extremely lenient or non-existent in many rural regions to say the least with the elderly population having a relatively cavalier attitude to drink driving. In the present age I feel in relation to the attitudes of today’s population, the pendulum has definitely swung in favour of tougher drink driving legislation with opinion polls according to the RSA showing a 63.9% overall majority of the population in favour of the new bill.

Statement of policy change and rationale behind it:

Statement of policy change:

The statement for the policy change is reducing the drink driving limits. According to the Road Safety Authority the drink driving limit will see a current drop from 80 milligrams to 50 milligrams for all drivers and 80 milligrams for learner, newly qualified drivers (for a period of two years after their test) and professional drivers which includes goods vehicles, bus and public service vehicle drivers. The aim of the change is to bring Ireland into line our European counterparts who also have adopted the 50 milligram limit. (RSA, 2011)

Official Statement:

According to the Road Safety Act 2010:

5.- (1) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle

(2) A person commits an offence of, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her blood will exceed a concentration of-

(a) 50 milligrammes of alcohol per 100 millilitres of blood

(b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood

Rationale behind policy change:

The rationale behind the current bill to reduce Irelands drink driving limit from 80mg to 50mg is primarily to reduce the amount of alcohol related road traffic collisions and fatalities but also to coincide with our European counterparts norms, who have also imposed a limit of 50mg of alcohol in an individuals system whilst behind the wheel. According to the Road Safety Authority, extensive research has proven that drivers with an alcohol concentration of in between 50mg and 80mg, are twice as likely to be involved in a road traffic collision than an individual under the 50mg threshold. Drivers who have an alcohol concentration of 80mg in their systems whilst drivers are an amazing six times more likely to be involved in a road traffic collision than a sober driver. According to RSA, based on road safety statistics since the introduction of mandatory alcohol testing checks in 2006 on average ninety two lives were saved on Irish roads in that given year and further reduction of the limit would yield greater numbers of lives saved on our roads annually. (RSA, 2011)

Another aspect of this new legislation is to curb drunken driving and fatalities amongst learner drivers and professional drivers which means that the limit has being lowered for this category to 20mg. For a fully licensed driver detected by Gardai to have an alcohol concentration of in between the 50mg and 80mg zone lesser punishments will be issued such as penalty points on their licence and fines which is a more sensible and practical option than issuing a driving ban. (RSA, 2011)

Speaking at the launch, Minister for Transport, Sport and Tourism Leo Varadkar said: ‘These measures are designed to build on the good progress that Ireland has made on road safety. They send out a very clear signal that drinking and driving cannot be tolerated and will be prosecuted’. (Garda.ie, 2011)

The reduction can be implemented following the enactment of the Road Traffic No.2 Act 2011, which was prioritised by the government in the current Dail term. (Garda.ie, 2011)

Procedure in dealing with offenders:

According to the Road Safety Authority, the reduction of the drink driving limit will see the introduction of a new Administrative Penalty System to assess and punish offenders under the new legislation. According to the new bill if a driver is deemed to be over the legal limit having failed a road side breath test the offender will be subsequently arrested and by law required to provide an evidential blood, breath or urine sample at a Garda station. If an individual’s alcohol concentration exceeds the legal limits these offenders face a court appearance will likely punishments such as a mandatory driving disqualification, fines or penalty points issued on their licenses looming over them. Punishments issued will be based on the level of alcohol in the offenders system at the time of detection with more stringent penalties for drivers who have alcohol levels that significantly exceed the legal limit. (RSA, 2011)

Reception of the new legislation by groups and motorists:

According to, the AA has supported the implantation of the 2010 Road Traffic Bill which has aided in implementing the new legislation. The AA has welcomed the new legislation and according to Director of Policy Conor Faughnan the reasons for the reduction of the limits were to bring Ireland in line with our European counterparts and most of the developed world. According to the RSA, extensive research and statistics indicates that the reduction of the limits from 80mg to 50mg significantly reduces the risk of alcohol related fatalities on our roads. (AA, 2011)

The general public have also been hugely responsive to the introduction of the bill. According to a survey conducted by the AA on motorists a majority of 63.9% were in support of the reduction of the limit with 27.9% in opposition to change of the limits. (AA, 2011)

This article highlights the AA views on the use of more lenient punishments such as penalty points and fines are much more viable and practical measure instead of issuing driving bans for offenders with lesser alcohol concentrations in their systems at the time of detection.

Garda spokesperson Chief Superintendent Aidan Reid said, "An Garda Síochána is ready to enforce the new drink driving limits from the time they come into effect, midnight on Thursday 27th October 2011. All the necessary scientific equipment has been re-calibrated and is in place in stations, ready for use from the implementation date. Where a driver fails a roadside breath test that individual will be arrested and brought to the Garda station where a further breath, blood or urine sample will be taken. If the result of this sample exceeds the new limits the driver will be prosecuted in accordance with the new regulations." (Garda, 2011)

Pro and con in relation to the issue from major groups:

The implementation of the new drink driving legislation last month has sparked numerous debates amongst groups in support and opposed to the bill.

Groups in favour of the new legislation:

One such group in favour of the new drink driving legislation is road safety group Parc (Public against road carnage) who welcome with open arms the new bill introduced. Parc expressed delight at the introduction of the new legislation. According to the article spokesperson for Parc Susan Gray stated that "it was a credit to the government and the opposition parties who had supported it". She added, "Some 241 lives were lost on Irish roads in the past year and alcohol was a key contributing factor in almost a third of these. (McCarthaigh, 2011)

Although Parc initially supported the bill before it was passed one piece of the legislation it expressed anger and outrage towards was the alteration of the old legislation in relation to the alcohol grading testing system to allow motorists caught over the 80 milligram limit but under 100 milligrams of alcohol concentration to avoid the mandatory driving ban and escape with penalty points on a first offence basis. (Mc Carthaigh, 2011)

The Irish Insurance Federation also welcomed the introduction of the new legislation. Also the Coach Tourism and Transport Council stated that the implementation of the legislation could only make our roads safer and reduce road fatalities. The group chief executive quoted that "measures would also encourage individuals to avail of local public transport instead of their cars" (McCarthaigh, 2011)

Dr Stephen Kinsella, an economics lecturer at the University of Limerick argued the point that if the new legislation contributed to one hundred thousand people being isolated it justified the point if it saved just one live or serious injury to an individual. (Coffey, 2009)

Groups opposed to the new legislation:

It comes as no such surprise that publicans and individuals residing in isolated rural areas are the frontrunners in opposition to the new dink driving legislation.

The introduction of the new drink driving legislation may spell the closure of many rural pubs throughout north and west Kerry. This region pubs have been hard hit in the past few years largely due to the introduction of the smoking ban and the further reduction of the drink driving limit may result in eminent closure of many pubs. (Nolan, 2011)

According to the article approximately fifteen public houses have closed in recent years and as quoted by publican Eugene O’Sullivan in Lisselton pubs are "being legislated out of existence". He reiterated that in his opinion "this legislation is being introduced against the vast majority of the population with the majority of support being from the capital and it being extremely legislation. He added that "further reduction of the drink driving limits will not save more lives on our roads" and "it will not impact on road safety one bit". "Ireland is ranked in 6th position in terms of road safety according to an EU poll with Britain ranked in the top three with their limit being kept at 80mg" he quoted. Mr O’Sullivan went on to quote that "I’m a fourth generation publican running this bar and have never experienced a drink driving death in the area". He concluded that "the drink driving laws are ridiculous and will spell the closure of many rural pubs in Kerry". (Nolan, 2011)

TD Mattie McGrath has also argued that a drink or two has a relaxing effect on people and can make some people better drivers, a loss which increases the costs of the measure. On an interview on Newstalk he said, "some individuals, if drink is such a sedative, it can make people who are twitchy on the road, or nervous, be more relaxed and confident in their driving ability". Also he argued the point that the new legislation will increase isolation of individuals especially amongst the elderly population who reside in rural Ireland. (Coffey, 2009)

Discussion of costs, risks and benefits of policy change both short term and long term:

Risks of policy change:

In relation to groups opposed to the new legislation I feel that they have very weak grounds to base their case on. Statistics comprehensively prove that driver over the 50mg limit, are twice as likely to be involved in an alcohol related road collision than a sober driver. I feel that in the case of Mr O’Sullivan it is mainly anger and frustration that has produced such comments from him. In the long term in is highly likely that rural pubs may become a minority unless adequate transport services are provided which is highly unlikely given our government’s budgetary restraints due to the economic downturn. Long term effects on pubs include closures, loss of customers and shifting the business to an urban area.

Another risk involved with the implementation of the new legislation is social isolation mainly amongst elderly individuals residing in rural areas as highlighted by TD Mattie McGrath.

Social isolation can be targeted as the contributing factor to low life expectancy in rural areas of Ireland. The further reduction in the drink driving limits is believed to increase social isolation even more than previously. (Guidera, 2008)

In my opinion the risk of social isolation could be considered a cost. In monetary terms pubs are losing business due to individuals staying at home but also may cost the individual the opportunity to socialize with others. On the other side of the argument individuals may state that the person need not consume alcohol to socialize. Social isolation is considered the primary cause of low life expectancies in regions of the country and the new legislation could contribute to an increase in this problem over the long term.

Benefits and costs of the policy change:

The new legislation will undoubtedly make our roads safer and cut the number of alcohol related road fatalities annually.

The RSA have estimated the benefits of the new drink driving legislation to be valued at 70 euro annually. This is taking into account the reduction in alcohol related collisions resulting in approximately ten fewer fatalities annually and less insurance claims as a result of fewer collisions.

The RSA claims that the new laws will result in ten fewer road deaths each year and one hundred fewer road related injuries in the country. This is the aim of the new legislation based on road deaths statistics from previous years.

The new legislation which gives first time offenders a lenient punishment if detected in between the 80mg and 100 mg mark will spark huge government saving as the costs involved in taking offenders to courts and preparing cases will not be involved. Instead of receiving a mandatory driving ban these offenders will be issued with penalty points on their licenses and a two hundred and twenty euro on the spot fine. This has sparked outrage amongst certain road safety campaigners that this will portray the wrong message to motorists. (Clancy, 2011)

My opinion on the likely success of the policy change:

My personal opinion in relation to the new drink driving legislation is that it is a positive step in reducing the amount of alcohol related collisions and fatalities on our roads. Statistics prove that any driver with even a relatively small concentration of alcohol in their systems whilst behind the wheel significantly impairs their judgement, reaction speed, coordination and overall driver awareness. Opinion polls carried out on members of the general public in different areas of the country suggest that the majority of the population are clearly in favour of the introduction of this legislation. Of course some may argue that it spells the end of the local rural pub and with little or no public transport services available to individuals in isolated rural areas. Many social groups argue that elderly individuals who are resident in isolated rural areas may be forced to stay at home as even a pint or two may deem them to be over the legal limit. I feel this may lead to social isolation for these individuals who used to habitually consume alcohol and drive home afterwards. In my opinion and from my personal experience as I reside in a rural area is that there will always be a certain number of individuals mainly elderly although not in all instances who will still, regardless of the new legislation take a chance a drink and drive as they may have practiced this trade for the majority of their lives and feel that if it hasn’t affected them up until now, it w’ont in the future. I feel that the tougher penalties introduced in the past number of years such as the introduction of the mandatory one year ban if detected above 80mg has definitely proved to be a huge deterrent to the majority of the population and changed their opinions especially those who rely on their licences and those who rely on their licence for employment purposes on an everyday basis. I feel that the introduction of morning after breath tests has been a huge wake up call for individuals and made people aware that alcohol may still be in their systems while driving the following morning. I have no doubt that with a strong Garda presence on our roads and increased numbers of mandatory alcohol testing (MAT’s) checkpoints and bank holiday weekend clampdowns that the new legislation will be successfully implemented and will significantly reduce the number of alcohol related fatalities on Irish roads. As highlighted above An Garda Siochana have all the necessary scientific equipment to deal with offenders. Advertisement campaigns launched to coincide with the new laws by the RSA will certainly increase motorist’s awareness of the new laws. A survey conducted by the AA shows a majority of 63.9% of the population in favour of the new legislation. In my opinion I passionately feel that individuals who are opposed to the new bill such as Kerry publicans and TD Mattie McGrath have very weak evidence to constitute drinking and driving and socialising is a tame excuse to justify drink driving. This cavalier attitude that "a few drinks consumed and driving is no big deal" and in some cases "alcohol improves driving and makes nervous drivers more relaxed and confident behind the wheel" is complete and utter nonsensical in my opinion, how can any individual rationally justify this statement with the plethora of statistics, scientific facts and road death records in the public domain concluding comprehensively that alcohol in even in a relatively quantity effects driving and coordination ability, with the risks significantly higher for nervous learner drivers as they have not developed their driving skills fully! Extensive research has proven that the reduction of the limit to 50mg significantly reduces the risk factor in alcohol related collisions and fatalities and as the saying goes the stats don’t lie! The quote I feel summarises and is the bottom line in relation to the issue is "never ever drink and drive!"

Conclusion:

In conclusion I have highlighted in the above essay the statement and rationale of the current policy change in relation to the lowering of the drink driving limits in Ireland and provided insights from individuals from major social groups and government agencies debating the new bill and the impacts on motorists and their likely reactions to the bill. I can conclude comprehensively that in my opinion the new bill can only be a positive step in reducing alcohol related collisions and fatalities on our roads and will contribute to making our roads safer and saving lives of individuals.