Róisín Shortall (Dublin North West, Labour)
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Question 347: To ask the Minister for Justice, Equality and Law Reform the training that is provided to gardaí to prepare them as a witness in drink driving prosecutions; the extent of legal support that is currently offered to gardaí in preparing for such cases; if his attention has been drawn to the view of some individual gardaí that under-training and poor legal support as a witness undermines the prosecuting of cases and contributes to poor prosecution and conviction rates of drink driving cases; his plans to improve training and legal support; the amount provided in the 2006 Estimates for this; and if he will make a statement on the matter. [14146/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that student probationer gardaí receive the following training on drink driving procedure. During phase I, student gardaí attend a classroom- based lecture on the legislation in respect of drink driving. The lecture covers the various offences under the Road Traffic Acts and the powers of arrest available to members of the Garda Síochána in these circumstances. The time allocated to the delivery of this lecture to the students is four hours. The lecture also covers roadside procedure and station procedure regarding drink driving offences.

During phase II, student gardaí receive the following training with regard to drink driving offences: a two hour class presentation on drink driving procedure; two weeks attachment to traffic units, during which they undergo deep experiential learning and observation of drink driving cases; and a one week attachment to the local District Court or court procedures office, where prosecution of drink driving cases may be observed.

During phase III, student gardaí attend a further classroom-based lecture, with specific reference to a number of High Court and Supreme Court stated cases, on the legislation in relation to drink driving. This lecture focuses on the necessary proofs which must be established in court by gardaí prosecuting drink driving offences. The time allocated to the delivery of this lecture to the students is one hour.

A mock prosecution of a drink driving offence also forms part of the phase III individual case studies. A certain number of student gardaí are required to role-play the prosecution of their case in this mock court setting. Good clear evidence and the necessary proofs are required by the "prosecuting" student gardaí, who are "cross examined" by college staff. The students' class colleagues also witness the prosecution and take part in an evaluation after the mock court. Students also attend a two hour training class on the Lion Intoxilyzer 6000 Irl. This class covers the workings of the intoxilyzer, the duties and responsibilities of trained operators and also refers to particular High Court and Supreme Court stated cases.

During phase V, student gardaí attend a further three hours of classroom-based lectures on drink driving legislation and necessary proofs which must be established in court by Gardaí prosecuting drink driving offences. As part of the continuous professional development core programme for 2006, training in the use of evidential breath testing is provided.

I am further informed by the Garda authorities that the use of members of the Garda Síochána as prosecutors in the case of drink driving convictions in all Garda divisions other than the Dublin metropolitan region has benefits for the operation and management of prosecutions. Members of the Garda Síochána who must present the prosecution case in open court and who have to face the rigour of court procedures, judicial supervision and criticism are likely to be diligent in assembling and assessing evidence. In cases where senior Garda officers prosecute, the normal managerial supervision of performance is strengthened when the manager, in his role as prosecutor, must be comprehensively briefed by the investigating garda.

I am also advised that it has been the tradition, because of demands made in the Dublin metropolitan region, to request the assistance of the chief prosecution solicitor in the prosecution of offences before the Dublin District Courts.