Timmy Dooley (Clare, Fianna Fail)

I thank the Minister for his responses and the insight into his thinking on this Bill and the No. 2 Bill he proposes to introduce. I welcome the initiative the Minister intends to pilot, with a pre-legislative phase. My experience of working on committees during my nine years in the Seanad and in this House, was that legislation was brought to committee when it was a done deal. In most instances, if there was an inclination to change minor elements, it became impossible because of the necessity to pass legislation according to a particular schedule. I welcome this idea.

The PARC group has been particularly helpful to the committee, as Deputy Broughan mentioned. PARC is committed to ensuring that we have appropriate legislation and it has been very helpful to the committee by providing us with information and identifying the concerns of those affected by the tragedy of death through drink-driving.

The Minister addressed quite well the points raised, in particular the concern relating to a Garda having appropriate discretion, which I am sure will be an issue for PARC and many others. The Minister indicated that there are people who might for nefarious reasons decide to fake hyperventilation or cardiac arrest. If it becomes obvious to the general population that there is a route out, it will be exploited. Sadly, there are people who when sober will say they believe that drink driving is wrong but whose attitude unfortunately changes when they under the influence. People will take a chance. If they are aware of a way out they will exploit it and challenge it through the courts at every available opportunity.

The Minister will be aware that legislation in respect of drink driving is probably the most tested and as a result it has had to be updated. While some people accept it is wrong to drive under the influence of alcohol they do not believe to do so is a criminal act. We must continue to reaffirm that it is a criminal act. It should be open to the Judiciary to impose stringent sentencing which reflects the seriousness of the actions of a drunk driver.

The Bill addresses the concerns expressed by me and other Members in regard to a person experiencing or faking hyperventilation in that such person will be taken to hospital. However, a person who remains at the scene as his or her condition is not considered serious enough to warrant their being taken to hospital may find a route out through this provision. While I do not have a formula of words to deal with this matter, I suggest that the Minister provide that in the event of a person who, in the opinion of a member of the Garda Síochána, has consumed alcohol and may be over the limit not being taken to hospital such person must be taken to a Garda station.

I accept that the powers in relation to arrest are already in place. However, a person who because of hyperventilation or other condition is constrained from undergoing a breadth test should have open to him or her only two options, namely, going to the hospital where the provisions of the legislation kick in or being taken to a Garda station. This will ensure there is no right of passage home in a hyperventilating state or otherwise. There should be only two options open to people, namely, to go to the hospital or the Garda station.

While I do not wish to over-burden the accident and emergency rooms of our hospitals, I believe the inclusion of a provision like this will ensure there is no soft option or route open to allow people to bluff their way out of being tested. I take the Minister's point that he intends to look to the Garda Síochána for evidence in this regard. I can assure him that if there is a chance it will work somebody will try it and many more people will seek a way to challenge it in the courts. Perhaps the Minister will ensure this matter is dealt with in the road transport (No. 2) Bill. It should be clearly stated in that legislation that where an accident occurs a person must attend a hospital or Garda station to have a sample of blood taken.

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