Pat Gallagher (Donegal South West, Fianna Fail)

We believe it is very important that gardaí have flexibility with the time factor. There is nothing in the legislation that states that authorisation should be presented if requested, but there is nothing to stop gardaí from showing an original or certified copy to the individual who has been stopped for a random breath test. On Second Stage, I stated that there would be guidelines from the Commissioner which would assist gardaí in carrying out mandatory alcohol testing.

It is important that the proposed legislation in the Bill gives a degree of flexibility to the Garda Síochána. If a garda's hands were tied, it would not achieve the purpose of mandatory alcohol testing, for which there is much support. Senator White's idea is the same principle as Senator Quinn's amendment. In the event of an accident, the person involved can be tested. If he or she is seriously ill, the test can be carried out in a hospital. With regard to accidents, I do not believe I have heard of anyone being involved in an accident where there was a suspicion at all of drink being involved who was not tested, except in a situation where one was seriously ill, and of course that can be carried out in a hospital.