Olivia Mitchell (Dublin South, Fine Gael)

Whatever about the introduction of drug testing the Minister's excuse for not having alcohol testing is rather weak. He says that, in order to compel a blood test, a garda must be of the opinion that, at the time of an accident, a person had consumed alcohol but, in reality, a garda may not be at the scene at the appropriate time. A garda may, for whatever reason, decide not to test for alcohol, and there is anecdotal evidence that that happens. We overcame the difficulty of gardaí forming an opinion in respect of road blocks and mandatory alcohol testing is now widespread in the country when there is no suspicion whatsoever attached to drivers. In such cases any innocent person driving home tonight can be stopped for no reason whatsoever and required to undergo an alcohol test. Now the Minister says there could be a major traffic accident but there would be no requirement, without a garda forming an opinion that a person has taken drink, for such a test. Surely, whatever standing the argument may have had prior to the overcoming of the legal difficulties with regard to the introduction of mandatory alcohol testing at a roadside block, it has no validity whatsoever now and it is ludicrous that we should take blood samples when there is no suspicion but cannot do so when there is suspicion in the wake of a traffic accident. I ask the Minister to reconsider that amendment at least.

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