Olivia Mitchell (Dublin South, Fine Gael)
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Question 350: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if all Gardaí carrying out mandatory alcohol testing must carry with them an order authorising each roadside testing checkpoint prior to establishing each checkpoint; and if he will make a statement on the matter. [1968/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 4 of the Road Traffic Act 2006 provides the legal basis for the operation of authorised checkpoints by Gardaí for the mandatory alcohol testing of drivers, without individual suspicion that the driver has consumed alcohol. The legislation provides that a member of An Garda Síochána, not below the rank of Inspector, may authorise the establishment of checkpoints under the section, and requires that the locations and the hours during which checkpoints may be operated must be set out in the authorisation.

Under the provisions of section 4 an authorisation, or a copy thereof, shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2006, of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under section 4 to sign it.

I am informed by the Garda authorities that there is no legal requirement for Gardaí carrying out mandatory alcohol testing checkpoints to carry with them the order authorising the checkpoint.

Olivia Mitchell (Dublin South, Fine Gael)
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Question 351: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the procedure followed when persons who fail roadside random breath tests fail to pay the fines levied against them; and if he will make a statement on the matter. [1969/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that persons who fail mandatory alcohol tests (MAT) do not receive fixed charge notices and therefore payment of fines at that stage does not arise. Under section 4 of the Road Traffic Act, 2006 a person stopped at a MAT checkpoint is required to provide a preliminary breath test. A person who fails or refuses to comply with a MAT may be prosecuted and is liable on summary conviction to a fine of up to €5,000 and/or imprisonment for up to six months.

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 purpose of administering an evidential test. The penalty for refusal to provide an evidential test is a fine of up to €5,000 and/or imprisonment for up to 6 months. If a person is charged with the offence of drink driving under road traffic legislation, the case proceeds to the courts and is dealt with under the courts system in the normal manner.

Olivia Mitchell (Dublin South, Fine Gael)
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Question 352: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of motorists who failed roadside breath testing, but who subsequently passed when they opted to be tested at the relevant Garda station since the introduction of mandatory alcohol testing; the percentage of all motorists who fall into this category out of the total number of motorists who failed roadside mandatory alcohol testing to date since its introduction; if motorists who subsequently pass are removed from Garda drink driving statistics; and if he will make a statement on the matter. [1970/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the information sought is currently being researched and will be submitted at an early date. I will contact the Deputy again when the report is to hand.