Michael McDowell (Dublin South East, Progressive Democrats)

I move amendment No. 45:

In page 26, to delete lines 25 to 27 and substitute the following:

"(b) in section 4—

(i) in subsection (2), by the substitution of "within twelve months from the taking of the sample" for "within six months from the taking of the sample", and

(ii) by the substitution of the following subsections for subsection (3):

"(3) Where proceedings have been so instituted and—

(a) the person is acquitted,

(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

(c) the proceedings are discontinued,

the destruction of the record and the sample identified by such record shall be carried out on the expiration of twenty-one days after the acquittal, dismissal or discontinuance, as the case may be, unless an order has been made under subsection (5) of this section.

(3A) For the purposes of subsection (3)(b) of this section, a charge against the person in respect of the offence concerned shall be regarded as dismissed when-

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

(c) on any such appeal, the dismissal is upheld.",".

See this speech in context