Olivia Mitchell (Dublin South, Fine Gael)

I move amendment No. 14:

In page 5, line 29, to delete "and".

This amendment attempts to make the legislation more robust. On Committee Stage the Minister said the section was adequate and that it limited the authorisation period. I have spoken to a number of people since and the information available to me is that it is open to interpretation and could allow a series of authorisations to be granted at the same time. We did not introduce random breath testing because it would be seen to be unconstitutional to give draconian powers to gardaí to stop people and the only way we felt it would be constitutional was if it were limited in some way. Perhaps this legislation hinges on our ability to show we are being proportionate and that we will impose limits.

The section attempts to constrain the powers of gardaí by reference to times and places, perhaps to places where drink driving was historically prevalent. My amendment seeks to include a definite expiration date. This would add to the legislation and make it more robust. I have spoken to legal people on the matter and they feel the section is quite open.

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