Pat Gallagher (Donegal South West, Fianna Fail)

I am responding to amendment No. 32, which is linked, of course to amendment No. 31 tabled by Senator White. Both Senators referred to this matter on Second Stage. I want to refer to section 4 of the Bill, outlining the provisions on mandatory alcohol testing. Both Senators propose that the Bill should be further amended so that a driver involved in a road traffic accident shall be required, where possible, or indeed as far as is practicable, to undergo a mandatory test for alcohol or drugs. The Road Traffic Acts already provide that a member of the Garda Síochána may require a person in charge of a mechanically-propelled vehicle to provide a preliminary specimen where the vehicle is involved in a road collision or where a garda considers that a road traffic offence has been committed or forms the opinion that the person has consumed alcohol.

The purpose of preliminary roadside breath testing is to provide the garda with the facility to determine whether the person in charge of the vehicle has consumed alcohol. The Acts provide that a person may be arrested for a drink driving offence without recourse to a preliminary breath test. There may be circumstances, as I referred to on Second Stage, especially in the context of a road accident, where it may not be possible for a member of the Garda to require that a person, who may be unconscious or injured, submit a preliminary breath test. In those circumstances, under the Road Traffic Acts, the gardaí may place an obligation on a person to provide a blood or urine sample in hospital. This applies where an event occurs involving a vehicle which results in a someone being injured or a person claiming or appearing to be injured, where he or she is admitted to or attends a hospital and where a member of the Garda is of the opinion that at the time of the event the person had consumed an intoxicant. An intoxicant can include both alcohol or drugs or indeed any combination thereof. Garda discretion as regards the use of preliminary roadside tests is an integral and indeed important element of the enforcement provisions relating to the laws that apply to drink driving. It is my view that the legislation in place is adequate and I hope that the explanation I have given will satisfy both Senators. The spirit of what they intend is already incorporated.