Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank the Deputy who is right. I do have a certain advantage in that I have officials beside me to brief me, but it is necessary, particularly in areas which are so complicated, to have people advise me on issues, although not on policy, on which I am at one with the Deputy on this issue. We are all together on policy. They advise me on the consequences of something which has been drafted in good faith but which, in effect, is open to legal challenge, unconstitutional or will have unintended consequences. Unfortunately, that is the case in this instance. I do not think there was a more comprehensive list available. I am advised that when the original Bill was introduced, there was not one. Like the Deputy, I would like to see a more comprehensive list and hope he will accept my assurances that, in time, there will be, but I cannot accept an amendment which asks me to do something which it has already been decided is unconstitutional. I know that he will understand this.

To be clear, the Garda will be able to test for 95% of drugs found in drivers. They include the majority of drugs included in Deputy Imelda Munster's list. I point out to the Deputy that in the United Kingdom the police only test for two drugs, namely, cannabis and cocaine. We will be testing for these two drugs, plus all of the opiate drugs and the different benzodiazepines set out in the Deputy's list and which Deputy Robert Troy aspires to include in the Bill. This is possibly the most important part of the Bill because it is its nexus.

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