Noel Dempsey (Meath West, Fianna Fail)

I clarified this since Committee Stage. The definition provided for in section 3 of the principal Act states, "public place means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge." I have been advised this covers the Deputy's concerns.

The proposed deletion of the words "in a public place" would have the effect of introducing the offence of driving or being in charge of a mechanically propelled vehicle while intoxicated on private property. This would give rise to difficulties with a person's constitutional right to enjoy his or her private property. For that reason, I cannot accept the Deputy's amendment.

See this speech in context