Garda confusion over changes to drink drive law

There is no consistent Garda policy in response to applications in court from motorists disqualified for drink driving who are seeking to have their licence restored, The Irish Timeshas learned.

Correspondence from 39 Garda superintendents to a Co Mayo solicitor asking for the State's position in relation to these applications has been seen by this newspaper. In the responses, four superintendents confirmed they were ignoring new disqualification periods introduced by the Minister for Transport Martin Cullen in March. Three said they were seeking to enforce the new penalties and 22 said they were dealing with applications for the restoration of driving licences on a case-by-case basis.

The remainder said they had referred the query on to Garda Headquarters or the Director of Public Prosecutions, James Hamilton, for clarification.

The confusion arises from the signing into law of increased penalties for drink driving in March of this year under the Road Traffic Act 2006. As a result, the old minimum disqualification period was replaced with a mandatory 12 months driving ban. The new rules also bar drivers from seeking to have their licence restored unless they have served at least two-thirds of a disqualification period of over two years.

Controversially, these new penalties apply retrospectively, meaning that thousands of motorists who lost their licences in the weeks and months before the new penalties came into force on March 5th, 2007, now face a far longer than anticipated period off the road.

When asked about this issue in the Dáil at the end of April, the Minister said the new periods of disqualification apply "whether before or after the commencement of Section 7 and has a retrospective effect."

However, since then, inconsistencies in the handling of these cases by the State in District Courts have become clear. In one of the written responses to solicitor Evan O'Dwyer, a Garda superintendent from the west of Ireland, said: "From the State's point of view we are not seeking the law in question to be retrospectively applied in any cases detected prior to the implementation of the relevant legislation.

"The same will apply to applications for the restoration of driving licences and in respect of which disqualifications were applied prior to the Road Traffic Act, 2006," he said.

A Co Cork-based superintendent also indicates his intention not to apply the retrospective element when he states: "It is our view that Section 7 should not apply to disqualification's made prior to the commencement of Section 7."

A superintendent from the west Munster region takes an entirely different view. "The State's position is that the legislation clearly intended to have a retrospective effect under Section 7 of the 2006 Act." A superintendent from the north-west says that all such cases are being adjourned, pending the result of the High Court clarification. According to Mr O'Dwyer, the range of conflicting Garda responses indicates confusion in the enforcement of the new penalties.

"In my opinion the drafting of this piece of legislation is completely undermining the jobs of the judiciary, the gardai and solicitors. Rarely would I use this word but the whole process is being undermined by the draftsmanship of the 2006 Road Traffic Act."