Colm Burke (Fine Gael)

I will be brief as all the issues I had hoped to raise were raised by the Acting Chairman, Senator Catherine Noone, and my colleagues, Senators Pat O'Neill and Imelda Henry. I am concerned about a technical aspect of the Bill, that is, the taking of a blood sample in the hospital. I understand that if a sample is taken in a Garda station, a sample is also given to the accused party. The doctor takes a sample, but in accident and emergency departments the junior doctors who are moving on do this. Have we covered all the technicalities that will arise in these situations? The reason I have a concern is that when I practised in the District Court, I remember dealing with a case where a man had admitted to a Garda that he had five pints, but after three days of debate in the District Court, we got him off the drunk driving charge on a technicality. I am very conscious of technicalities when it comes to legislation. Can that issue be looked at? I may be missing the point in the legislation, but I ask that this would be carefully tuned, especially in relation to both the doctor, chain of evidence and the fact that the party from whom the sample is taken has a right to retain part of that sample. That is my understanding of the provision. I may be incorrect, but it is a technical issue and I wonder if this would be looked at again.