Olivia Mitchell (Dublin South, Fine Gael)
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Question 270: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the guidelines issued to the Gardaí in relation to the operation of mandatory alcohol testing. [28716/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities that the issue of guidelines in relation to the operation of Mandatory Alcohol Testing (MAT) and the content of such guidelines is an operational matter for the Garda Commissioner. I am informed that in choosing a location for a MAT checkpoint regard is had to where it would be most effective and to the objective of reducing fatalities caused by drink driving.

Section 4 of the Road Traffic Act 2006 provides the legal basis for Mandatory Alcohol Testing. MAT checkpoints may only be established under written authorisation of a member of An Garda Síochána not below the rank of Inspector. An authorisation shall be in writing and shall specify the date on which, and the public place in which, the checkpoint is to be established and the hours at any time between which it is operated.

Section 4 of the Act confers a statutory power to administer the breathalyser to a motorist stopped at a MAT checkpoint without a member of An Garda Síochána being required to form an opinion that the motorist has consumed alcohol, been involved in a collision or breached a provision of the Road Traffic Acts. This statutory power is without prejudice to any powers, including the powers under section 12 (roadside breath testing) (as inserted by the Act of 2003) of the Road Traffic Act 1994, conferred on a member of An Garda Síochána by statute or at common law.

To monitor and ensure standardisation and consistency of the MAT checkpoint a systematic method of data collection is in place. Members operating MAT checkpoints are requested to be mindful of An Garda Síochána Code concerning precautions to be taken by members when operating checkpoints.