Noel Dempsey (Meath West, Fianna Fail)

I have done so and there is a difficulty with accepting the amendment. I am sure the Deputy will understand that we all want to try to prosecute anybody who has taken a drink and drives. However, circumstances can arise and there can be very valid reasons a person who is required to provide a sample is unable to do so. There can be valid reasons a person who is required to provide a sample is unable to do so. For instance, there can be difficulties obtaining an appropriate vein or passing urine. These issues have to be addressed and, for that reason, the person must have an option to select one or other of the tests. Making it compulsory that a garda must decide or the individual cannot have a choice would be too much of an onerous obligation on the individual. Courts could take a particular view of that and, for that reason, I do not propose to accept the amendment.

See this speech in context