Pat Gallagher (Donegal South West, Fianna Fail)

The Garda did not make a conscious decision that those who were at a level of between 80 mg and 100 mg of alcohol per 100 ml of blood should not be pursued. In the past, legislation stated clearly that a garda had to form an opinion on the level of alcohol consumed. I do not know of any cases of people who were not pursued at the level suggested, however, perhaps Senator McDowell does through his profession. I have no statistics relating to this but if they are available I will circulate them.

This Bill ensures that those driving with between 80 mg and 100 mg of alcohol per 100 ml of blood may now be stopped by way of mandatory alcohol testing and the new administrative sanction will be another deterrent. It may be said that six months off the road may be too long for an offence where very little alcohol has been consumed, but I believe it is quite lenient. One drink is too many and one of the aims of this Bill is to catch people who drive with between 60 mg and 100 mg of alcohol per 100 ml of blood in their systems where it is not obvious from their behaviour and the garda cannot form an opinion.