Paddy Burke (Fine Gael)

I welcome the Minister and join other Senators in wishing him well in his forthcoming retirement in the not too distant future. He has had a long and distinguished career in the Dáil and was always well on top of his brief when he came to this House. I have no doubt he is well on top of this legislation. Of course, we all support legislation that will save lives.

The difference in cars between when I was a young fellow which is not today or yesterday and today is unbelievable. The smallest car now is probably bigger than the biggest car at the time when a good sized car was a Ford Prefect. When one looks back on such old cars, they were very small. I presume they looked big when I was a gasúr, but they look very small now compared with the smallest cars. Cars are now much better made and can travel much faster, which is the danger. Speed has always been a significant factor. I agree with Senator Quinn on the need to wear high visibility vests and have a red triangle when one's car breaks down, particularly on a motorway. When one pulls over on a motorway or any of the main routes, cars pass by at an unbelievable speed. I believe there was a fatality in Longford in the past few years when somebody pulled into the hard shoulder - it was not a motorway or dual carriageway - and a car ran into them. I agree with Senator Quinn in that regard. I stated before and it remains my view there should not be any unmarked Garda cars. All should be well marked and gardaí should be out in the face of the public. Even when one is driving on the opposite side of a motorway to where a Garda car is parked one will take note of it and check oneself.

I welcome the Bill and any legislation that has the intention of saving lives. I have a question for the Minister of State. Section 2 applies to "a person in charge of a mechanically propelled vehicle in a public place who, in the opinion of the Garda Síochána ... has consumed intoxicating liquor". Heretofore there was random breath testing under which provision a Garda superintendent or similarly established person in a Garda barracks could make an order that the random breath test must take place within certain areas, on specific routes or at certain places and times as were laid down. Under the proposed provision it would seem that a Garda could stop a person on the road and if he or she thinks that person has consumed alcohol, he or she could do a breath test there and then. That is my reading of that part of the Bill. It would mean that random breath testing would become redundant. The Minister of State might explain this.

Another aspect of the Bill concerns the designated doctor or nurse. When gardaí go to a hospital the Bill states they must work with a designated doctor or nurse. Heretofore a blood sample was taken from the driver who looked for his or her doctor to come to the hospital or he or she might use a doctor on call. When gardaí go into a hospital, will they ask who is in charge? Will they state they want a doctor and, if a person has been involved in an accident and admitted to the hospital, that they want a specific nurse or doctor to take a sample? Who gives that power to the designated doctor or nurse? We have seen hold-ups in accident and emergency departments during which a patient may be detained for up to three hours. In a different section of the Bill there is a requirement to hold for an hour the person from whom a sample must be taken at the side of the road. Does that requirement of an hour also apply within the hospital in that the sample must be taken by the designated doctor or nurse within an hour? Might it be taken the following day or does any time limit apply to the blood or urine sample taken within the hospital such as applies to the sample taken at the side of the road?

That is all I have to say. I hope the Minister will clarify those points either now or on Committee Stage. Otherwise, like my colleague, Senator Donohoe, I welcome the legislation.