AQW 36973/11-15
Ms Claire Sugden
Independent
East Londonderry
Tabled Date: 03/10/2014
Answered On Date: 15/10/2014
Priority Written: No
Question:
To ask the Minister of the Environment to outline any plans his Department has for legislation, subsequent to the Road Traffic (Amendment) Bill, which will address the specific problem of driving under the influence of drugs.
Answer:
Under existing legislative provision, it is illegal to drive here whilst unfit through drugs (whether through illegal drugs or through legal prescription drugs). Penalties are just as severe as those for drink driving, in terms of fines, disqualifications and imprisonment. Securing a drug driving conviction under existing law can however be more difficult than securing one for drink driving, given the absence of statutory limits. With drink driving, the police simply have to prove that a driver is above a certain limit of alcohol in the blood, breath or urine. In order to secure a conviction for drug driving, the police must prove that the driver is impaired. This requires objective evidence that the drug/drugs were found to be present in a blood/urine test; and subjective evidence that the person appeared to be under the influence of drugs. My aim is to bring forward legislation that will make it easier to detect and determine whether drivers are impaired through drugs. Britain is already moving in this direction. The Crime and Courts Act 2013 passed in Westminster introduced an offence of driving or being in charge of a motor vehicle with a specified controlled drug in the body, in excess of a specified limit. The objective is to reduce the wasted time, expense and effort involved for the police and the courts when prosecutions fail because of the difficulty in proving that a driver is impaired by a particular drug. Decisions on the types of drugs and specified limits to be covered by this new offence were informed by a panel of medical and scientific experts. The drugs and limits have now been specified in regulations and, subject to Parliamentary approval, the new arrangements will commence from 2 March 2015. There is some remaining work to complete with regard to the inclusion of amphetamines; this will be addressed in subsequent regulations. Drug driving is a particularly complex issue and any policy decisions taken here will have to be informed by expert advice and public consultation. I will wish to determine arrangements that are most appropriate for Northern Ireland but, in moving forward, will want to review the work already undertaken in Britain and any developments in Ireland. I will want, for instance, to be clear that suitable equipment is available for testing; and that consideration of offenders by the courts proceeds as intended under the legislation. In terms of timescale, and subject to Executive agreement, I would hope to issue a public consultation on proposals before the end of 2015. Given the amount and complexity of the work required, a Bill on this issue could not be taken forward before the next Assembly mandate.
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