Pat Gallagher (Donegal South West, Fianna Fail)

Before I make a final decision in this regard, I should state that the section provides that where a motorist has been detected with a level of not more than 100 mg of alcohol per 100 ml of blood, or the equivalent levels in urine or breath, he or she will be offered the opportunity to pay a fixed charge of €300 and to accept a driving disqualification of six months. However, as the Bill stands at present, a motorist who has been convicted of a drink driving-related offence within the five years before the date of the alleged offence, will not qualify. The person who is in the best position to know whether this is the case is the individual himself or herself.

It is a question of making it clear to people that if they have been convicted in the past five years, they do not qualify. This will not be in small print on the relevant document. Hence, such individuals should know themselves whether they have been convicted. The onus should not be on the State to raise this issue at the time. However, given the Senators' views, while I do not wish to give the impression that I will try to escape from this matter, I will consider the issue. Although I do not have any preconceived views and am prepared to examine the issue, Members should not hang a noose around my neck if I do not accept it on Report Stage. I want to discuss the issue with legal experts.