Áine Brady (Kildare North, Fianna Fail)

When a garda forms the opinion that, for medical reasons, a person cannot provide the preliminary breath specimen, the health of the person concerned cannot be jeopardised. I provided the example of an acute asthma attack, a panic attack or where a person loses consciousness. There are circumstances where it is not possible for a person to comply with a requirement to participate in a breath test. The difference between paragraphs (b) and (c) is that it is discretionary, whereas paragraphs (a) and (d) apply to someone who commits an offence such as breaking a traffic light. When a garda forms such an opinion, a person can be arrested and a blood or urine sample can be obtained at the Garda station. It is a matter for the person concerned to satisfy the court in any subsequent prosecution regarding the circumstances surrounding not-compliance with the requirements. Once rebutted, a charge cannot proceed.

The taking of a blood sample from or the provision of a specimen of urine by a person at the roadside is neither practical nor desirable. The proposed amendment to section 3, to delete subsection (4), would make it mandatory for a person in hospital to either permit a designated doctor to take a specimen of blood or to provide the doctor with a specimen of urine, irrespective of the person's medical condition and consequential ability to do so.

The provisions in sections 2(6) and 3(4) are include to protect the member of the Garda Síochána and the person on whom the requirement is imposed. I, therefore, ask the Senators to withdraw their proposed amendments.