Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

Recent newspaper reports stated a number of drink-driving cases could not proceed because of difficulties with the MAT, mandatory alcohol testing, checkpoint authorisation system. The media reports suggested that MAT authorisation identified a number of checkpoint locations and, because of this, was considered contrary to the provisions of the legislation. This was not down to the rank of the gardaí involved.

The Road Traffic Act 2006, as amended and restated by the Road Traffic Act 2010, provides that a member of the Garda Síochána, not below the rank of inspector, may authorise checkpoints in a public place or places at which the members may exercise the powers provided under the Act on blood alcohol concentration levels. The authorisation shall be in writing and shall specify the date and public place at which the checkpoint is to be established, as well as the hours of any time between which it may be operated.

Following the raising of this matter three weeks ago in the Seanad on Second Stage, I asked the Garda and the Director of Public Prosecutions, DPP, for further clarification. It appears the newspaper article was incorrect in its identification of the reason the DPP did not proceed with the case cited. The problem was not that the authorisation covered different townlands but rather that the time spread for the authorisation was too wide, covering a period of almost 24 hours. In the DPP’s view, this was an impermissible delegation by the inspector.

Another issue raised in the Seanad concerned the appropriate rank in the Garda for authorising the MAT checkpoints, the issue which it would appear this amendment is meant to address. Legislation sets this at not below inspector level, while the amendment proposes lowering this to sergeant grade. Again, I have discussed this matter with the Garda. It has informed me the current situation has operated without difficulty and the Garda sees no need for any change to the legislation.

When the 2002 Bill was drafted, the establishment of MAT checkpoints was regarded as a significant development in the efforts to deter drink-driving. Given the critical contribution that the evidence gathered at checkpoints would have in any consequent court hearings, it was considered the decision as to the location of checkpoints should be taken at a relatively senior level in the Garda. This approach demonstrated to all concerned, particularly the courts, the importance associated with the MAT checkpoints and addressed any potential charges of bias or personal subjectivity regarding their location.

If there were a need to change the law in this regard, this amendment would not be acceptable. It proposes a change to section 87 of the Road Traffic Act 2010, which in fact deals with approval of equipment to be used and requires approval from an officer of the rank of superintendent. Were an amendment of the kind intended necessary, it would be to section 10 of that Act which deals with the setting up of checkpoints.