James Lawless (Kildare North, Fianna Fail) | Oireachtas source

I understand the rationale advanced by the Minister in not wanting to pre-empt or second-guess the DPP in what a book of evidence may contain. I do not believe, however, it is unique in that regard or it is not the first time such a measure has been implemented or attempted at any rate. I understand mandatory breath-testing takes place at the scene of a fatal or other collision. Can it be confirmed whether that is a Garda working practice or is required for the book of evidence? I do not think it is unique that a book of evidence would have a stipulation that, in a particular set of circumstances, a particular item may be inserted. I appreciate the Minister's reservations but I would query that it may not be unique. On its own, it may not be sufficient grounds to stop the measure.

From reading the section, it seems subsection (a) is a slightly different scenario to subsection (b) in terms of the circumstances that arise. Travelling unaccompanied is to be inserted in the book of evidence but the non-display of L plates is included in the book of evidence only following a fatal road traffic collision. Are the two intended to be read in the same breath or is a different approach taken in subsections? It might be useful to clarify this before we consider the matter further.

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