Seanad debates

Wednesday, 19 January 2011

Road Traffic Bill 2011: Committee Stage

 

4:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

The Minister of State has not dealt with the point raised. She has the response of the Minister for Transport. Is a garda qualified to decide that giving a breath sample would be prejudicial to the health of an individual? Where is the evidence to suggest this is the case? It will be open to a garda to form an opinion based on mood. If he or she considers providing a breath sample would be prejudicial to the health of an individual, can the person concerned be arrested?

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