Brendan Ryan (Labour)

Subsection (2) reads:" A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested," which indicates another opinion that the person concerned should be arrested. Subsection (4) reads: "A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section". I do not necessarily regard amendments Nos. 3 and 4 as the be-all and end-all, but I hope I have clarified the reason people are concerned that the Bill, as it stands, could give individuals the opportunity to get off the hook. Obviously, the Minister takes issue with amendment No. 4 on the basis that it suggests it might be done at the side of the road. Before the Bill is taken in the Dáil he might be in a position to take on board the issues we are trying to address. It might be possible to come up with an amendment similar to amendment No. 4 which would provide an alternative if, for some reason, the breathalyser cannot be used. If the Minister was willing to consider what might be possible in that vein, I would be happy enough.