Sean Barrett (Independent) | Oireachtas source

I move amendment No. 5:

In page 19, between lines 18 and 19, to insert the following:
“23. Section 10 of the Act of 2010 is amended by substituting for subsection (7)(a) the following:(7) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of Sergeant, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the prima facie proof if a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.”.

This amendment has been resubmitted because we put down the wrong section, as the Minister pointed out to us on the last occasion. We had proposed to change section 87 whereas it should have been section 10.

We are trying to extend the power to have alcohol testing stations set up from a very small number of gardaí of the rank of inspector or above, which is about 2% of the Garda force, to include those of the rank of sergeant and above, which would be some 14% of the Garda force. The view given by the Minister on Committee Stage was: "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." My worry is that even if the Minister accepts our amendment and that power is extended to sergeants, it is still only some 14% of the force. This leaves an awful lot of gardaí outside the management of checkpoints, which seems strange. Of course, with regard to evidence, it is the gardaí who run the checkpoints who have to give the evidence, whereas, as I understand it, the inspector simply signs a form.

I thank the Minister for correcting the number of the section on the last occasion. Given the purpose of this Garda force of 13,000, to add 1,900 sergeants to the under 500 people who have this power at present to mount checkpoints would achieve greater support within the Garda force to assist in what is a vital national task, namely, to clamp down on drink driving. Giving people more responsibility to participate in this is, in general, a good idea. I have to say I never regarded a sergeant as a minor member of the guards who should not be given this responsibility. In any case, that was the point we wanted to make. It is important that we involve all members of the highly esteemed police force as far as possible in assisting in setting up those alcohol testing points.