Olivia Mitchell (Dublin South, Fine Gael)
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Question 242: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of motorists who are expected to escape prosecution as a result of the drafting error in the Road Traffic Act 2006; and if he will make a statement on the matter. [31249/06]

Olivia Mitchell (Dublin South, Fine Gael)
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Question 243: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if motorists who are affected by the drafting error in the Road Traffic Act 2006 will be prosecuted under alternative existing road traffic legislation provisions; and if he will make a statement on the matter. [31250/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 242 and 243 together.

Section 4 of the Road Traffic Act 2006 provides the legal basis for mandatory alcohol testing (MAT). It confers a statutory power to administer a roadside breath test to a motorist stopped at a 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.

It is an offence to refuse to give a roadside breath sample, the penalty for which is a fine of up to €5,000 on conviction and/or imprisonment for up to 6 months. A person who refuses to give a roadside breath sample can be arrested for that offence and required to provide an evidential test in the Garda station. In addition, under long standing legislation, if a Garda as a result of the test forms the opinion at the roadside that a person has consumed an intoxicant then he/she can arrest that person and bring the person back to a Garda station for the purposes of administering an evidential test.

The penalty for refusal to provide an evidential test is a fine of up to €1,270 and/or imprisonment for up to 6 months. As a result of a typographical error in the Act, a refusal to give an evidential test following arrest at a MAT checkpoint cannot be pursued. This error is being addressed by my colleague the Minister for Transport in the Road Traffic and Transport Bill 2006 which is before the House today. There is no error in the provisions for mandatory alcohol testing, and Garda checkpoints continue to operate effectively as they have been since they were introduced in July.

Developments since the introduction of mandatory alcohol testing in July have been encouraging. The number of road deaths in August was 17 — the lowest number for any month since November 1999. This trend continued in September, when the number of deaths was 22, compared with 31 in 2005. I believe that the practical effect of the typographical error is limited and that if a court challenge to the section is launched on the basis of the error the State will vigorously defend it.

The provisions for mandatory alcohol testing operate in addition to the other drink driving provisions in the law. The Garda Síochána will use all legal provisions to pursue drivers detected driving while intoxicated.