Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I stress that this exemption will apply only to the new offence of the presence of cannabis, not to the existing offence of being under the influence of an intoxicant to such an extent as to be incapable of controlling a vehicle. If people taking Sativex finds that their reactions are impaired, they should not drive until the effects have passed. That is reasonable and proportionate. On the one hand, we do not wish to discourage people from taking medication when they need to do so. On the other, we need to ensure the roads are safe. People should take their medication as and when required, but if they are affected in a way which would make driving risky, they should wait until it is safe to do so. That is in line with what happens under the 2010 Act. If a person were to drive while impaired, for example, while drowsy, due to a medication, he or she would be liable to prosecution under the existing 2010 provisions for driving under the influence of an intoxicant to such an extent as to be unable to control a vehicle. In those circumstances we would expect the person to act responsibly and not drive until it was safe to do so.

On a more technical point, I would like to explain why, although the new offence relates to cannabis, cocaine and heroin, the Bill refers to five substances. This is because, in some cases, the drug will metabolise quickly but can be detected by the metabolite, that is, the chemical into which it breaks down. The Bill, therefore, lists metabolites, as well as the drugs.

The Bill provides the necessary basis for An Garda Síochána to conduct roadside tests for drugs. We are all familiar with the idea that gardaí can conduct breath tests for alcohol at the roadside. Roadside alcohol tests have been occurring for some time. Devices are also available that can test oral fluid for the presence of drugs. A swab is used to take a specimen and the device will process a result indicating the presence of particular drugs. The Bill will empower An Garda Síochána to use these devices and the MBRS to approve and supply them. Gardaí will be enabled to use them in the same circumstances as they carry out the current roadside breath tests, that is, where they observe suspicious driving, following a serious collision, or at an authorised checkpoint. None of this will take from the existing powers to test for alcohol. In the future gardaí will be able to test at the roadside for alcohol, drugs, or both. We should remember that the new roadside tests of oral fluid, like the roadside breath tests, will be preliminary in nature.

This means that the results will not be used in evidence in court. The purpose of the new drug tests, like that of the roadside alcohol tests, will be to assist the Garda in forming an opinion that a person has taken an intoxicant. Where a person is arrested on suspicion of intoxicated driving, a further specimen will be taken at a Garda station for evidential purposes. These new measures are supported by further elements of the Bill. It will be an offence to refuse to provide an oral fluid specimen when required, just as it is an offence to refuse to provide a specimen of breath. Given that the best indicator of the concentration of drugs based on recent use is to be found in blood, gardaí who arrest a person on suspicion of the new offence of presence of one of the specified drugs will be empowered to require a specimen of blood at a Garda station. This contrasts with the current law on alcohol, where a person asked to provide blood may opt to provide urine instead.

In Part 3 I am proposing a new special speed limit of 20 km/h. As matters stand, the law prescribes a default speed limit of 50 km/h in built-up areas. Local authorities may reduce this to 40 km/h or 30 km/h on roads in their areas as they deem appropriate.

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