Brendan Ryan (Labour)

I move amendment No. 3:

In page 4, to delete lines 28 to 32.

Amendment No. 3 proposes to delete section 2(6). I will go through to the subsection to explain my position and that of others on this matter. Section 2(6) states: "A member of the Garda Síochána shall not make a requirement under subsection (2) of a person to whom paragraph (a) of subsection (1) [Subsection (1)(a) states: "in the opinion of a member of the Garda Síochána ... has consumed intoxicating liquor", and subsection (2) contains three methods by which that can be verified.] applies if, in the opinion of the member, such requirement would be prejudicial to the health of the person." We are dealing with a situation where the garda is of the opinion that the driver has consumed alcohol but because of some medical issue, he or she cannot request that it be verified by means of a breathalyser test. What happens next? It seems there is nowhere to go. A garda forms an opinion that alcohol has been consumed but is he or she qualified to form an opinion about the health of the person and the implications of providing a breath sample? On that basis, there is a strong case to delete this subsection. If a person is drunk and a breathalyser is not available, there is no provision for any alternative verification method.

Amendment No. 4 provides for an alternative method of verification. It states: "Where a requirement is not made by virtue of subsection (6) or (7), the member may require". I could have made it stronger by stating "shall require". There must be some other method to verify whether a person is drunk.