Áine Brady (Kildare North, Fianna Fail)

The proposed amendment to delete subsection (6) of section 2 will make it mandatory that a person who, in the opinion of a member of the Garda Síochána, has consumed intoxicating liquor to provide a preliminary breath specimen, even where such a demand may be prejudicial to the person's health. The amendment also provides that where a doctor or other medical personnel attending the scene of the event where injury is caused advises that such a requirement would be prejudicial to the person's health, a garda may require a medical practitioner to take a sample of blood or require the person to give a sample of urine.

Where a garda forms the opinion that for medical reasons a person cannot provide a preliminary breath specimen, the health of the person in question must not be jeopardised. Examples such as acute asthma attacks, panic attacks or losing consciousness clearly illustrate circumstances where it would not be possible for a person to comply with a breath test.