Pat Gallagher (Donegal South West, Fianna Fail)

I do not see much that is new in this provision. The only new feature is that in the past if a garda decided to apprehend one he had to form the opinion that one had consumed alcohol. The garda does not have to form that opinion now but can ascertain this by way of random testing. In extenuating circumstances when one does not comply with the test, and the test on the side of the road indicates one has not exceeded the limit, that is the end of the matter. If, however, the test indicates that one may have exceeded the limit there is the opportunity to give a further evidential test. The purpose of doing this is to create a deterrent to those who in the past have taken risks.