Bermuda passed without objections in the House of Assembly yesterday.

Transport Minister the Hon. Ralph Marshall said the amendment, which needs to go before the Senate, would send a clear message to the public that drunken driving would not be tolerated.

And Opposition MPs agreed.

But Progressive Labour Party MP Mr. Walter Lister asked why Mr. Marshall brought the legislation to the House at this time "when statistics show that from 1986 to 1990 the number of arrests of persons involved in drunken driving was constantly falling''.

Mr. Lister said it is obvious that the reduction in impaired-related accidents is directly a result of public education.

"When people are maimed by drunk drivers, it sends a real message,'' Mr.

Lister said, adding that drunk driving education could also be taught in schools such as the Bermuda College.

"We can't just say totally no (to motorists consuming alcohol) because there is too much alcohol floating around this community,'' he said. "But I believe with moderation, it will be all right.'' Mr. Lister said Mr. Marshall could have brought changes to other unnecessary legislation in the Motor Car Act such as prohibiting a person from driving a family member's car without the family member in it or forbidding a person from buying a vehicle within a year of selling another.

"Also if you are overseas and purchase a car that conforms to Bermuda standards, you cannot bring that car to Bermuda if you had it more than six months,'' he said. "That law was purely put there by people who sat in this House and simply wanted to protect their own interests.'' "How can he (Mr. Marshall) say the amendment he brought has precedence over this,'' Mr. Lister asked. "I think the entire Motor Car Act needs to be revised.'' Mrs. Grace Bell (UBP), who queried how many of the impaired driving arrests were due to accidents and Police vigilance, said she hoped the courts would have power to force those convicted of impaired driving to enter rehabilitation programmes.

"I'm concerned about that high percentage of repeat offenders who are probably in need of counselling,'' she said.

Mrs. Bell, who sits on the Public Service Vehicles Licensing Board, said she sees many drivers with alcohol problems attempting to get their licences back.

"I believe fines are fine but the court should have the power to recommend that that person goes into a programme,'' she said, "and perhaps fines do not have to be astronomical. Large fines perhaps do not address the problem of repeat offenders.'' Dr. David Dyer (UBP) said: "It might serve Bermuda better if we not only test breath samples, but also test blood and urine samples because the three are correlated''.

Noting that the effectiveness of the breath analyser machine has been questioned in several impaired driving cases abroad, he said by testing in all three areas "it would give a fairer and more just reading that will stand up in a court of law''.

Deputy Opposition Leader Mr. Walter Roberts questioned the value of changing the alcohol limit. The data suggests that educational programmes on drunk driving have been successful over the last few years, and the number of people arrested for drunk driving has declined.

Now MPs were about to do something that will increase the number of arrests again, he said.

Few people go out to socialise without having two drinks, he said. MPs themselves would fail the test after their annual Speaker's Dinner "if they participate fully,'' he said, except for the Premier who has a chauffeur and the Opposition Leader who does not drink alcohol.

Furthermore, he said, tightening the impaired driving limits "is just one more restriction we are putting our books that could affect Bermuda as a tourist resort.'' Health & Social Services Minister the Hon. Quinton Edness said "abuse of alcohol in this society is probably the No. 1 problem that we have in this community.'' Drug abuse gets more publicity, he said, but alcohol abuse is more common and causes more damage.

He agreed that awareness is improving, "but we are a long way from letting up on this particular problem.

"Let's not belittle the fact that this is an important amendment. It's an aspect of changing the mind-set of the community about alcohol and alcohol abuse.'' Mr. Edness said drivers of public service vehicles already receive counselling and treatment after conviction for impaired driving. "What we need to do now is expand such a programme to include everyone who may have been found guilty of driving while impaired.'' Such a conviction doesn't necessarily mean the person is a habitual abuser of alcohol, Mr. Edness said, but this can be determined by the treatment programme.

National Liberal Party Leader Mr. Gilbert Darrell noted that humans can, in fact, survive without liquor. "You aren't born with a thirst for alcohol,'' he said.

Unfortunately, he said, "it has become such an integral part of our society, and our economy. It isn't funny.'' Shadow Environment Minister Mr. Julian Hall said the Opposition would support the bill but he, personally, had "a number of reservations.'' Magistrates' Court was already over-populated, he said, and a stricter limit would clearly make it still more crowded -- when the goal should be keeping people out of court.

"We are now giving an opportunity to the law enforcement authorities to apprehend a far greater number of people on the roads than ever before on suspicion of impaired driving.'' And he said he is not convinced that a person with the lower alcohol content is "necessarily'' driving while impaired. "How many normal people can say that after two beers and getting into their cars they are going to driving impaired?'' he asked. "I just can't accept that.'' While the lower alcohol limit will match that of the United Kingdom, he said, those convicted of impaired driving in the UK are not automatically taken off the road for a year as they are in Bermuda.

"I have seen a number of cases of people who have lost their jobs simply because of the inability to drive a vehicle,'' he added.

As for referring all people convicted to a treatment plan as Mr. Edness suggested, he said: "I think that's complete nonsense, hypocritical twaddle and it's just an extraordinary thing to say.'' Mr. Stuart Hayward (Ind.) said we are send mixed messages on drinking: "It's OK to sell it but not OK to drink it, at least not too much of it.'' He urged Government to consider increasing the penalties for other crimes, like child and spouse abuse, when alcohol is involved as it often is. Too often alcohol abuse is to mitigate a sentence, rather than make it more serious.

Ending the debate, Mr. Marshall rejected Mr. Walter Lister's argument that there should be higher priorities involving traffic laws. Alcohol and drug abuse is high on the community's agenda, he said.

He disagreed with Mr. Robert's assertion that the Police could have a field day arresting MPs after the Speaker's Dinner.

"I don't think that's correct, and even if it is partly correct, he shouldn't advertise that to the public.'' But he agreed with a suggestion that bars would start installing their own breathalyser machines so patrons would know if they were fit to drive home. He recalled a friend who, having had a few drinks, "went to the Police Station to get a test. They said no.'' Mr. Roberts noted that the new limits apply to boat operators as well. People drive cars to go somewhere, he said, but go boating "for relaxation.'' Mr. Marshall pointed out that boaters already enjoyed more relaxed rules. A person in control of a car can be convicted of driving while impaired even if the car is parked, he said, but boats must be underway.

"But certain boats are just as dangerous to other human beings as motor vehicles,'' he said.