Noel Dempsey (Meath West, Fianna Fail)

We held a long discussion on the matter. This will provide for mandatory testing in certain circumstances. The legislation refers to where a member of the Garda is of the opinion that a person in charge of a vehicle in a public place has consumed intoxicating liquor, that member "shall" require and so on. That is mandatory and there is no way out of it.

I made the point the last time in respect of other circumstances in which a test could be carried out that I did not take the view, nor do I still, that it is a good idea or a good use of Garda resources to provide that someone who committed an offence under the Road Traffic Acts, other than in the circumstances outlined here, such as a parking offence should be mandatory in such a case. I have not changed my view on the matter. I have gone as far as I can in the present circumstances. I agree with Deputy Broughan that we should try to ensure in whatever way we can to reduce the number of people killed on the roads we should do so. However, that must balance this against practicalities, resources and ensuring the legislation we pass in the House is acceptable and has a degree of public support.

We have taken a major step forward with this legislation. No doubt as we move through other road traffic Bills in future the law may be tightened somewhat more but this is a far as we can go.

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