Brendan Ryan (Labour)

I refer to the fact that a garda shall not ask the driver who, in the opinion of the garda, is over the limit to give a breath sample if he or she believes it would be dangerous to the driver's health. Why is it necessary to provide for this? The Bill does not state how a driver is to be tested. According to the 2010 Act, a garda shall conduct the test, but now we have a changed situation where the garda shall test, unless it would be prejudicial to the health of the driver. Section 2(6) suggests it is the garda who will forms this opinion without the advice of a doctor. How is a garda suitably qualified to form this opinion without the advice of a doctor? No provision is made for the testing of a driver in a case where the use of a breathalyser would be prejudicial to his or her health. Even if it was based on a doctor's opinion that a person should not be breathalysed, we must come up with a means of testing for the presence of alcohol. Amendment No. 3b would provide a fallback provision where a breath test cannot be undertaken. It would allow for an alternative method of testing for the presence of alcohol.