Noel Dempsey (Meath West, Fianna Fail)

I have done so and, as the Deputy rightly said, there was considerable debate on Committee Stage about the use of the phrase "is of the opinion", which is currently provided for in the road traffic legislation, and the proposed addition of the words "or suspicion". We had a good discussion and I did not have much of a problem with it.

I said I would see if it would have implications for other road traffic legislation. Again, mindful of the considerable level of challenges, in particular in intoxicated driving cases, I did not make any promises other than to look at it, which I did. The advice received from the Office of the Attorney General was against changing the existing terms.

It appears there is a significant difference between the two phrases about which we are speaking, with completely different requirements in terms of proof in presenting evidence in prosecutions. Perhaps there is not much difference at the end of the day but the phrase "in the opinion of" has been well tested in the courts and it is the one with which people feel safest. For that reason, I have been advised not to change it, in particular in this legislation. Amendment, by leave, withdrawn. Amendment No. 21 not moved.

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