Tommy Broughan (Dublin North East, Labour)

Our Fianna Fáil colleague made a reasonable case for these amendments, given the importance of ensuring that the Garda Síochána has adequate power to test and invigilate people. In that context, is it the case that the Minister has given some commitments with regard to section 2? An original proposal in that section was that each of the subparagraphs (a), (b) and (c) would be followed by the word "or". In other words, each one of those conditions would be fulfilled separately. I understand the Minister has given some commitments to road safety campaigners - I note that representatives of one of the primary organisations, PARC, are present in the House today - that the section is watertight without the use of the word "or".

I congratulate the Leas-Cheann Comhairle on his appointment; this is the first time I have had the pleasure of speaking before him. Another question arises with regard to the discretionary power of the Garda. Is the Minister confident that this legislation provides for mandatory testing at last? On Second Stage I said that we were delivering on mandatory testing and that the Minister was fulfilling the commitment given by the former Minister, former Deputy Noel Dempsey, early this year to bring this legislation before the House. The issue that has been brought to my attention relates to when a driver is very ill and unconscious. The discretionary power of the gardaí arriving at the scene of the accident is being stretched to the limit under section 2(6). It which gives the garda a discretionary power if in his or her opinion such a requirement to undertake a test would be prejudicial to the health of the person.

Is the Minister sure that such discretionary power does not produce an exit strategy for a driver who was guilty of an offence and who perhaps played a primary role in causing a collision in which there was a fatality in another vehicle? Is that covered now or is the Minister stating that we must wait until later this year to get follow-up legislation which will deal with this area in more detail? There is also the question of pre-existing medical conditions. A pre-existing medical condition in the trauma of a crash also may make it difficult for a member to test somebody.

The other big issue that arose on Second Stage, and on the large road traffic Bill which Deputy Dooley will remember us taking at length in Committee, was the follow-up situation of whether there should be a requirement to test blood or urine at the hospital or at the Garda station. As this short Bill stands, are we providing for a follow-up process where we can at long last close off all of the possible escape routes for a guilty driver or a driver who is fit enough to do a test?

I heard the Minister, Deputy Varadkar, on the media remark on the fact that the month of April so far has been one of the better months in terms of road fatalities. We are still running ahead in terms of numbers on this period last year. In observing the Garda Representative Association conference in Mayo, Deputies would be concerned about resources. Will there be resources with a much smaller force to mount the number of checkpoints needed? On Second Stage I dealt with the figures, as I knew them, from the Garda Commissioner and in each of the years 2008, 2009 and 2010, there was a fall in the numbers of checkpoints. On the basic point, will the staff complement of the Garda Traffic Corps still be 1,200 strong? Will they have enough resources to be able to mount the number of checkpoints needed to ensure that this good legislation is strictly enforced?

In supporting the basic point as suggested by our Fianna Fáil colleague, I ask the Minister is he sure that he has finally brought about a system of mandatory testing in traffic collisions in this country.

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