Feargal Quinn (Independent)

I am inclined to support Senator Ryan's amendment. Section 2(7) of the Bill states: "A member of the Garda Síochána shall not make a requirement ... if, in the opinion of the member ... such requirement would be prejudicial to the health of the person". That puts a new obligation on the garda where he or she believes a person he or she stopped has been consuming alcohol. Up until now, a garda has been able to say he or she is obliged to test a person, but now we are giving him or her a new responsibility. The accused person can put pressure on the garda who will be unable to say he or she is obliged to test by law. I understand Senator Ryan's point and wonder is it necessary to do what we are doing.