Martin Cullen (Waterford, Fianna Fail)
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As I indicated in response to the earlier questions, the current road safety strategy recommends that the introduction of random breath testing should be pursued within its operational timeframe of 2004 to 2006. Against that background I am examining the development of a scheme for a more general basis for roadside testing. The evolution of road traffic legislation is affected by numerous factors, including the outcome of relevant court proceedings.

Allowing for the operation of full random breath testing needs to be considered very carefully. Road traffic legislation, including drink driving legislation, is subjected to challenge from time to time and the interpretation of legislative provisions is ultimately a matter for the courts. As a legislator, I have to seek to ensure that road traffic legislation is sound, robust and reasonable. It is for this reason that I do not intend to pursue any policy initiative in the area of random breath testing until I am satisfied that a more generally applied system of roadside testing provides clear potential for improving road safety on a sustained basis for the future.

In the meantime the Garda is now empowered to require that all drivers involved in road collisions or detected committing any traffic offences must submit to road-side breath tests. This is in addition to the power to demand that a driver who in the opinion of a garda has consumed alcohol must submit to such a test.