Seanad debates

Wednesday, 14 June 2006

Road Traffic Bill 2006: Committee Stage.

 

12:00 pm

Derek McDowell (Labour)

I want to explore the notion of the "where" rather than the "when" in the context of this section. There is no definition of "checkpoint" in the section, but it seems clear from any reasonable reading that it must be in a public place. Therefore, I assume it could not, for example, be in a pub car park or somewhere that is not public. I presume the Minister of State will correct my assumptions if they are wrong. It seems clear the checkpoint must be on a roadway and at a point where cars are moving.

Under current powers it is open to gardaĆ­ to stop people before they even get into their cars. If they are in charge of the car the garda can approach them, ask for their keys and ask them to blow into the breathalyser. Am I correct that it is no longer possible to have this sort of test on a random basis under this section? Must the car be moving on a roadway and be stopped at what we conventionally think of as a checkpoint?

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