Noel Dempsey (Meath West, Fianna Fail)

I had a look at it but the problem remains the same in regard to court challenges and so on. To apply an evidential status to the results from the roadside tests I am advised could cause very severe difficulties in the overall evidential process. These are meant to be preliminary roadside tests similar in status to the breath screening devices, the breathalyser one gives to a person. The results of that are used to form the opinion but they do not provide evidence for use in a subsequent prosecution. The impairment test would be solely used to form the opinion so that when the judge asks how one formed the opinion, one will be able to state that this test was done. That is only a part of the process.

The real scientific part of the process, which stands up as evidence in the court, is the test that takes place afterwards. Introducing this as part of the evidence would leave too many loopholes which I know the Deputy does not want to happen. For that reason, we cannot accept the amendment.

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