Olivia Mitchell (Dublin South, Fine Gael)

I move amendment No. 28:

In page 6, between lines 38 and 39, to insert the following:

"5.—(1) A member of the Garda Síochána, present at the scene of a road traffic accident, shall require any person who was in charge of vehicle that was involved in the road traffic accident to—

(a) (i) provide (by exhaling into an apparatus for indicating the presence of alcohol in the breath) a specimen of his or her breath, or

(ii) accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide, by exhaling into such an apparatus, a specimen of his or her breath,

or

(b) (i) leave the vehicle at the place where it has been stopped, or

(ii) move it to a safe place in the vicinity of the road traffic accident, and keep or leave it there until the person has complied with a requirement made of him or her under paragraph (a).

(2) A member of the Garda Síochána, for the purposes of making a requirement of a person under subsection (1) may indicate the manner in which the person must comply with the requirement.

(3) A person who—

(a) refuses or fails to comply forthwith with a requirement under subsection (1)(a) or (b)(i) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (2), or

(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (1)(b)(ii) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), is guilty of an offence and is liable on summary conviction—

(i) to a fine not exceeding €5,000,

(ii) to imprisonment for a term not exceeding 6 months,

(iii) to disqualification from driving for a period not exceeding 2 years, or

(iv) to any combination of (i), (ii) and (iii) of this subsection.

(4) A member of the Garda Síochána may arrest, without warrant, a person who commits, is committing or has committed an offence under this section.

(5) In a prosecution for an offence under—

(a) this section,

(b) section 49 or section 50 of the Principal Act, or

(c) Part III of the Act of 1994,

it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.

(6) Nothing in this section shall be used to delay in any way, the provision of any medical assistance to a person injured in a road traffic accident.

(7) A person who does not comply with a requirement under subsection (1) by availing of protection under subsection (6), shall continue to be obliged to comply with such requirement as soon as may be medically practicable.".

The amendment is self-explanatory. It requires the Garda Síochána to test anyone involved in a road traffic accident for alcohol. It provides for a fine in the case of those who do not comply. The circumstances to which the Minister referred, where drivers may be unconscious, are catered for but the obligation is not removed. Whenever it is medically practicable, the test will be done.

The Minister stated that it would be unfair if one driver were conscious and the other unconscious but it is not a question of fairness. We are introducing mandatory alcohol testing for people who may be perfectly innocent. One may be stopped and tested on the way home. It would be strange if we could do that, on the one hand, but could not test someone at the scene of a road traffic accident on the basis that it would not be fair unless we stopped everyone else.

See this speech in context