Martin Cullen (Waterford, Fianna Fail)

I accept the Deputy's view, but it could be interpreted in that way according to our legal advice. If the introduction of mandatory prison sentences is intended, I should point out that the Road Traffic Acts do not provide for them in the case of any offence and moving to such a position would require careful consideration because it would represent a fundamental change in the application of the law. It would be premature to consider further adjustments to the legislation relating to this area until the provisions in the 2006 Act have been implemented fully and been in operation for some time to determine how the courts approach a number of these issues.

I want to deal with the matter of mandatory breath testing at the scene of road collisions because it is surprising that it arises here. The power to require a person to provide a breath sample where a collision has taken place exists in the Road Traffic Acts. Garda discretion in the use of preliminary roadside tests in such circumstances is necessary, having regard to possible injuries sustained. The proposal contained in the Fine Gael Bill acknowledges this point by the inclusion of a provision in section 3(6), which states that nothing in the section shall be used to delay the provision of medical assistance to a person injured in a road traffic collision.

The Bill's provision would result in a more confusing regime that would be more difficult to administer than the current provisions relating to breath testing at the scene of a road collision, which allow for Garda discretion. I appreciate that Deputies have been making inquiries into the position of Northern Ireland and the rest of the United Kingdom in respect of breath testing at the scene of a collision. My officials have examined this issue and the legal position here is in line with the practice in both Northern Ireland and the rest of the UK. Contrary to what has been reported in the media, the taking of a breath sample at the scene of a collision is at the discretion of a police officer in all cases.

We have all seen accidents. How can someone put a garda in a position whereby he or she would need to move someone, force the person to sit up or whatever when there are no visible injuries——

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