The Draft Road Traffic (Drink Driving) (Amendment) Bill in Northern Ireland

Views were invited on the draft Road Traffic (Drink Driving) (Amendment) Bill and two additional proposed measures to tackle drink and drug driving in Northern Ireland that are set out in the attached consultation paper. Three policy issues are highlighted in the paper where decisions remain to be taken – one relating to the Bill and the two additional measures. The drug driving aspects of this consultation are primarily in and around the role of nurses and health care professionals. The Minister of the Environment has publically spoken about possible future plans to tackle drug driving and consultation on any relevant proposals will be brought forward in due course.

The Road Traffic (Drink Driving) (Amendment) Bill

The purpose of this Bill is to provide the necessary powers to establish a new drink drive regime in Northern Ireland. The main features of the Bill include:

• New lower drink driving limits;
• A new graduated penalty regime including fixed penalties for first offences at lower limits;
• Automatic referral onto a Course for Drink Drive Offenders, unless a District Judge decides that attendance would be inappropriate;
• New police enforcement powers – check-point breath tests; and
• Removal of the right to ask for a blood or urine sample to replace the breath sample in certain circumstances.

The Department has already carried out public consultation on a range of proposals in each of these areas. However, given the general nature of that original consultation and the fact that it was conducted three years ago, the Minister is keen that the public has a further opportunity to consider if the proposed legislation, in the form of a draft Road Traffic (Drink Driving) (Amendment) Bill, adequately provides for a new drink drive regime that will be perceived as fair and proportionate in effectively tackling the harm caused by drink driving.

Policy Issue 1: Repeat Offenders

There is one aspect of the Bill where a final policy decision has yet to be taken. We must consider how a new drink drive penalty regime should apply to repeat offenders. The consultation paper outlines two substantially different options. It is important that consultees are aware of the potential impact of each and are invited to comment on which they consider to be the most appropriate approach.

Additional Measures to Tackle Drink and Drug Driving

There are two police procedural issues where decisions have yet to be taken. They do not currently form part of the draft Bill.

Policy Issue 2: Registered Health Care Professionals (page 17). This proposal is to extend the role of the registered health care professional when investigating drink or drug driving cases. Consultees are invited to indicate if they agree with the proposal and to provide any additional comments.

Policy Issue 3: Preliminary and Evidential Breath Testing

This proposal is to remove the need for a preliminary breath test as a prerequisite to an evidential breath test. Again, consultees are invited to indicate if they agree with the proposal and to provide any additional comments. Any final decisions in each of these three policy areas will be considered in light of the responses to this consultation and the Bill may be adjusted accordingly prior to its introduction to the Northern Ireland Assembly.