Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 298: To ask the Minister for Transport and the Marine if legislation is required to give gardaí the power to carry out mandatory breath testing of drivers involved in an accident where there are no clear signs of alcohol consumption; if he will introduce such legislation; and if he will make a statement on the matter. [23517/07]

Noel Dempsey (Meath West, Fianna Fail)
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Current Road Traffic legislation, in respect of the roadside testing for alcohol of drivers involved in accidents, provides that a member of the Garda Síochána may require such a driver to provide a preliminary breath specimen. The discretion is provided in acknowledgement of the fact that urgent medical attention for seriously injured victims must take precedence over breath testing.

My Department is aware that the Garda authorities have issued directions to the effect that it is expected that all drivers involved in serious road traffic collisions are tested unless there are overriding medical circumstances. Following representations received from various bodies, my Department proposes to engage with the Office of the Attorney General to establish how the current legislation can be amended to achieve roadside testing of drivers involved in serious accidents subject to overriding medical circumstances.