Seanad debates

Thursday, 27 November 2003

Road Traffic Bill 2003: Second and Subsequent Stages.

 

The second main provision in the Bill is set out in section 3. This provides for the amendment of section 13 of the Road Traffic Act 1994. The amendment will provide that the reference in that section to subsection (3) of section 12 will now be changed to refer to subsection (4). The subsection of section 12 in question relates to the power of arrest. With the replacement of that section, through section 2 of this Bill, that power will now be contained in subsection (4) and not subsection (3), as is the case in the existing section. In the context of the application of drink driving laws generally, it is vital that the legal basis for the arrest of a person accused of an offence is clearly established. There is no area of law more contested than in the drink driving area. It is most important that the legal basis is correct, which is the reason we are dealing with this today.

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