James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 5:

In page 21, after line 34, to insert the following:

“Amendment of section 122 of Act of 2005

30. Section 122 of the Act of 2005 is amended—

(a) in subsection (1), by the insertion of the following paragraph after paragraph (k):

“(kk) the establishment, maintenance and operation of a regime of testing for controlled drugs and psychoactive substances, which may provide for—

(i) subject to subparagraph (ii), a prohibition on the presence of controlled drugs or psychoactive substances above a specified concentration in a sample,

(ii) the procedures to be followed where a person is exposed to a controlled drug or psychoactive substance in the course of and as a result of his or her functions or employment,

(iii) the taking of samples,

(iv) a prohibition on tampering with a sample,

(v) the persons from whom a sample may be taken for testing,

(vi) the persons who may be permitted to take a sample,

(vii) the information to be provided to a person required to provide a sample,

(viii) matters with regard to the testing and analysis of samples,

(ix) the reasons for testing, which may include—

(I) pre-employment testing,

(II) testing of Garda trainees,

(III) random testing,

(IV) targeted drug testing,

(V) with-cause testing, or

(VI) post-incident testing,

(x) the concentration of a controlled drug or psychoactive substance required to be present to yield a positive result in a sample,

(xi) how samples are to be stored,

(xii) the period during which samples may be stored,

(xiii) the reviewing of test results, and

(xiv) such ancillary and incidental provisions as he or she considers necessary or expedient for the purposes of establishing, maintaining and operating the regime of testing for controlled drugs and psychoactive substances;”,

and

(b) by the insertion of the following subsection after subsection (5):

“(5A) A regulation under section 122(1)(kk) may apply to any or all of the following:

(a) applicants seeking appointment to the position of member of the Garda Síochána;

(b) Garda trainees;

(c) members (including members on probation);

(d) the persons referred to in subparagraphs (ii) to (v) of section 122(5) (b);

(e) members of the civilian staff of the Garda Síochána;

and make different provision for the different persons, or categories, grades or ranks of persons, falling within paragraphs (a) to (e) above.”.”.