Noel Dempsey (Meath West, Fianna Fail)

I thank the Senators for their contributions and I apologise for having to leave to attend a Government meeting.

On the proposed amendments, while I accept the Senators' intent, they are misinterpreting the wording on the absence of the word "or". While I fully accept their bona fides in trying to ensure the legislation is as watertight as possible, the section is worded to do exactly that.

Senator Donohoe referred to the 2009 Bill which became the 2010 Act. He may recall, given all of the permutations and combinations used, that I stated I regarded the construction of the section as inelegant. I offer due apologies to my civil servants and the officials in the Attorney General's office. It was for this reason that we did not need to await the reduction in alcohol levels when we tried to ensure testing would take place. We took the opportunity to re-examine the section. When the Attorney General's office had a second opportunity to consider it, it insisted that our format was correct. That format is reflected across a range of legislation. The Attorney General's office insisted that, were we to make the changes suggested by the Senators, it could have a significant impact on the layout of other choices in other legislation. I warned against the making of such changes.

The subsection should be read in conjunction with subsection (2) which makes a distinction. It reads:

A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested, and subject to subsections (6) and (7), require a person to whom paragraph (a) or (d) of subsection (1) applies, and may require a person to whom paragraph (b) or (c) of that subsection applies-----

The garda's first option is to arrest a person.

This clearly indicates that the word "or" is not necessary. There are four circumstances in which a garda can take action. The concern of the Senators has been met in the section. I have received very strong advice that this is the proper and safest way to do it. It will prevent the creation of loopholes in the legislation. For that reason, I commend the section, as it stands, to the House.