Written answers

Wednesday, 1 February 2006

Department of Transport

Road Traffic Offences

9:00 pm

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
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Question 136: To ask the Minister for Transport if random breath testing can be successfully implemented in view of earlier advice received from the Attorney General that this proposal could be susceptible to constitutional challenges before the courts; and if he will make a statement on the matter. [3362/06]

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 146: To ask the Minister for Transport if the recommendation to introduce random breath testing contained in his Department's national road safety strategy has been abandoned; and if he will make a statement on the matter. [3335/06]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 168: To ask the Minister for Transport when he intends to bring a proposal to Government to amend the Constitution to allow the introduction of random breath testing; and the way in which he intends to legislate for same. [3119/06]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 180: To ask the Minister for Transport the reason there is no legislation contained in the Government's legislative programme to allow for the introduction of random breath testing and the privatisation of speed cameras; and if he will make a statement on the matter. [3346/06]

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Question 203: To ask the Minister for Transport the circumstances which changed in 2005 when the introduction of random breath testing of drivers was ruled out due to constitutional difficulties and the announcement on 25 January 2006 that the legal advice was that such testing would be possible. [3292/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 136, 146, 168, 180 and 203 together.

The Road Safety Strategy 2004-2006 contains a commitment that random preliminary roadside testing of drivers for the presence of alcohol would be introduced before the end of 2006.

Against the background of that commitment I have pursued a very detailed examination of the possible approaches that could be adopted to allow for the introduction of a scheme of random breath testing. That examination was pursued in close consultation with the Attorney General so that a system of random breath testing could be identified that would establish a balance between the legitimate expectations of society as a whole that the level of road deaths and injuries must be radically reduced and on the other hand the rights of citizens generally.

The Attorney General has now provided advice that will allow for the development of a scheme for the operation of random breath testing in a targeted manner, as I indicated in response to today's priority question on this subject.

I will bring forward legislation during the current Dáil session for this purpose and also to provide a statutory basis for the engagement of private sector interests in the operation of a speed camera programme under the direct control and guidance of the gardaí.

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