Bernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a directive has issued from the Garda Commissioner to all Garda divisions advising that members of the force are obliged to carry out mandatory breath testing where such members of the force attend the scene of a motor accident; and if he will confirm the wording of said directive. [41192/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that a Headquarters Directive was issued to An Garda Síochána on 8 November 2006 outlining the provisions of section 12 of the Road Traffic Act 1994 (substituted by section 2 of the Road Traffic Act 2003), whereby a member of An Garda Síochána may request the provision of a preliminary breath specimen in a public place, and section 15 of the Road Traffic Act 1994, whereby a member may request a blood/urine specimen from a person in hospital where the member is of the opinion that the person has been involved in a collision.

I am also informed that the Directive stated that as a matter of policy the powers should be utilised unless the circumstances pertaining, such as the need to render medical assistance, require otherwise.

It is the policy of An Garda Síochána to make the fullest use of all legislative powers available in investigating the commission of offences, including road traffic offences.