Pat Gallagher (Donegal South West, Fianna Fail)

I gave this matter serious consideration. I need not emphasise that drinking and driving in Ireland is recognised as one of the most serious contributory factors in road collisions. Evidence shows that the incidence of drink driving is increasing among the younger age groups. There is widespread acceptance among responsible motorists and society as a whole that driving under the influence of alcohol is potentially dangerous.

I will deal with the amendment by outlining what might happen if the amendment were accepted. I refer to an example where the time indicated on the authorisation establishing a checkpoint is between 12 midnight and 2 a.m. and the gardaí on duty form the opinion that a number of drivers may be over the alcohol limit and decide at 12.30 a.m. to abandon the roadside test and take some drivers to the Garda station to carry out the evidential test. It is the job of legal representatives to find loopholes in the law and they will try to ensure that those who are brought before the courts are not convicted. The amendments tabled previously were examined carefully prior to now and particularly overnight, and this section has been drafted very carefully. To return to the example, if the gardaí abandon that checkpoint at 1 a.m., I am advised that a case could be made for the individuals brought to the Garda station that the gardaí were not in compliance with the authorisation because they abandoned the checkpoint prior to the time stated on it. For that reason, it is suggested that we must retain the words "the hours at any time" rather than the word "times".

That may be difficult for us as lay people to understand, but the position has been explained to me by my officials, and I fully understand their position and that of the Parliamentary Counsel. We are here to ensure the law will be foolproof and Senator Paddy Burke would also be anxious to ensure that. We do not want to create that position whereby there would be a loophole in the law. I hope the Senator will accept that explanation and consider withdrawing his amendment.