Brendan Kenneally (Fianna Fail)

I have a query with regard to the practical implementation of this measure. I agree totally with the thrust of the legislation. If the person in command of a particular vessel is under the influence of alcohol, the Garda cannot breathalyse him or her. They can only breathalyse such a person under the Road Traffic Acts. Does this mean they cannot do so in this regard? Is this a flaw in the legislation, and perhaps a loophole through which somebody can avoid being convicted?