Derek McDowell (Labour)

While I do not disagree with the Minister of State, I do not understand why there is this two-tier level of offences. The subsection under discussion prohibits non-co-operation and provides for a penalty of up to €5,000 and possible imprisonment. As I understand Senator Paddy Burke's amendment, he says if one is guilty of that offence one should also forfeit one's licence because that is what happens now. If one does not comply with any of the requirements the penalties are exactly the same as they would be had one taken the test and failed it. That is fair enough because otherwise there would be an incentive to refuse to take the test.

I appreciate that the Minister of State says one can take a further evidential test in the station but if one has the option of a fine or imprisonment, and theoretically one does not lose one's licence for refusing on the roadside, one could decide that, rather than take a test and fail, one would not take the test but simply pay the fine. Why should we bother having this additional offence if the real offence will be committed in the Garda station?