Feargal Quinn (Independent)

I wish to continue on this topic. I was surprised some years ago to discover that there was a constitutional problem with random breath testing or any other testing. I can understand the Minister of State's quandary. I am delighted Senator McDowell raised this issue because it appears that such testing is no longer random. Somebody will have to make a decision as to where and when such testing is carried out. There is a constitutional problem with such testing and I hope this provision will solve it. I am delighted Senator McDowell brought this issue to the fore because I was not aware of it.

Perhaps the Minister of State has explained this point and I did not understand it but am I correct in saying that a superintendent, chief superintendent or inspector will need to have a reason for doing this? If that is so, I do not know to whom the officer would communicate that reason and, if that is the case, the testing would not be random. Given our Constitution, perhaps there is no other way of doing this.

I wish to deal with my amendment No. 32. The Minister of State said that the Garda "may require" and I was hoping that the measure would be that the Garda would require such testing in the event of any accident. My mind has been put at rest by what the Minister of State said, namely, that he has never heard of a case of an accident in which there was a suspicion of alcohol abuse where a test has not taken place. I may be sticking to the letter of the law on insisting that on every single occasion a test must be carried out. My main reason for requesting that was that such a requirement would act as a deterrent. If everybody knew that random breath testing was in place and that in the event of one being involved in an accident, regardless of the circumstances, one would be tested for alcohol, that would act as a deterrent to drinking or taking drugs and driving. Is there a definite test for alcohol consumption in the event of an accident in other countries, regardless of the cause? The Minister of State might not be aware of that but I would be interested to know if that requirement applies elsewhere.