Noel Dempsey (Meath West, Fianna Fail)

I move amendment No. 13:

In page 13, to delete lines 11 to 18 and substitute the following:

"(a) is of opinion that a person in charge of a vehicle in a public place—

(i) has consumed intoxicating liquor, the member shall require, or

(ii) (I) is or has, with the vehicle, been involved in a collision, or

(II) is committing or has committed an offence under the Road Traffic Acts 1961 to 2010,

the member may require,".

Members will recall we had a detailed consideration of this provision on Committee Stage. I made the commitment then to re-examine the section to see if it could be better drafted to address some of their concerns. Amendment No. 13 provides for the restatement of what was section 8(1)(a), now section 9(1)(a), to remove any ambiguity and address the concerns expressed by PARC, the road safety group, on the absence of the word "or" in the section.

I have been advised by the Attorney General's office that to make any further changes to this section, without a detailed consideration and consultation with key stakeholders, could seriously undermine preliminary breath-testing provisions in general and lead to significant legal challenges.

In summary, the section now provides that where a member of the Garda Síochána is of the opinion that a person in charge of a vehicle in a public place has consumed intoxicating liquor or has been involved in a road traffic collision in which injury was caused, the garda shall require a preliminary breath specimen. Also, where a member of the Garda Síochána is of the opinion that a person in charge of a vehicle in a public place or has been involved in a road traffic collision not involving injury or has committed an offence under the Road Traffic Acts 1961 to 2010, the garda may require a preliminary breath specimen. The effect of the amendment I have moved is to try to meet some of the genuine concerns Members raised. The advice I have received is this is as far as I can go at this stage.

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