Martin Cullen (Waterford, Fianna Fail)

Section 4 of the Bill outlines the scheme for roadside alcohol testing, known as mandatory alcohol testing, and the legal basis for the establishment and operation of Garda checkpoints. Mandatory alcohol tests can only be pursued on the specific written authorisation of an officer of the Garda not below the rank of inspector. That authorisation must be in writing and must clearly establish the place, date and the hours at any time between which a test may be operated. An authorisation may, potentially, straddle two separate dates. However, the hours during which the checkpoint may be established must be clearly set out in the authorisation.

The proposed amendment seems to envisage that an authorisation may extend for a period of up to eight days. This could not be the case based on the provisions presented in the text of the section. Authorisations must be specific. As I indicated on Second and Committee Stages, it is envisaged that the Garda Commissioner will prepare detailed guidelines for the operation of the checkpoints that will address this issue.

There is need for transparency in procedures for setting up checkpoints. With this in mind, the wording of the section was drafted very carefully following a significant consultation process with the Garda Commissioner and the Attorney General to get the correct balance of proportionality. I understand from where the Deputy is coming, but we carefully examined this area. More than any section, this one caused the greatest concentration and focus of both internal advice from the Attorney General's office and external opinion. The best experts tried to get the balance right so that we could be confident in producing the legislation to the Oireachtas that it captured correctly the balance of proportionality and, therefore, had the most robust chance of withstanding any challenges in the court. Between the Garda Commissioner guidelines that will be set out and the advice from the Attorney General, we feel this is the best we can deliver and that it will withstand any challenge.

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