Noel Dempsey (Meath West, Fianna Fail)

What that means is that the person must follow the instruction given by the garda on how to blow into the breathalyser. Due to the litigious nature of this legislation, gardaí are given training and instructions on how to instruct the person how to breathe into the breathalyser. Some Members have had the experience and know that the garda tells the person to breathe into the breathalyser for five seconds or whatever. The provision relates to whatever instructions the gardaí give. They are instructed to give the same instruction to all those being breathalysed. This is in order that people cannot claim they were not told how to do it. If they refused to do it or were obstructive, they could not claim they did not know what to do because the garda would not tell them. Anyone who has been in court and heard the way gardaí must give evidence in breathalyser cases, they will know the provision makes the process mechanical so that there can be no question raised about it. The gardaí have been trained in how to give their evidence because if they make even a slight slip, the lawyers are in like a shot to try and get people off.

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