Written answers

Wednesday, 12 November 2008

10:00 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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Question 96: To ask the Minister for Transport if he will introduce testing for prescription drugs such as benzodiazepines for drivers involved in accidents as recommended (details supplied); and if he will make a statement on the matter. [39899/08]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 111: To ask the Minister for Transport when he will introduce compulsory testing of drivers for intoxicants at the scene of collisions as promised by him; and if he will make a statement on the matter. [39895/08]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 167: To ask the Minister for Transport when he will introduce legislation to ensure the mandatory testing of all drivers involved in serious road collisions; the reason there has been a delay in introducing this legislation; and if he will make a statement on the matter. [39849/08]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I propose to take Questions Nos. 96, 111 and 167 together.

The Road Traffic Acts provide that a member of the Garda Síochána may, where he or she is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of that vehicle, require that person to go to a Garda station and further require that person to submit to a blood test or to provide a urine sample.

The current position regarding the testing of drivers for alcohol, at the scene of collisions, is that a member of An Garda Síochána may require a driver involved in a collision to provide a preliminary breath specimen. This discretion is provided in acknowledgement of the fact that urgent medical attention for seriously injured victims must take precedence over breath testing.

The Road Traffic Acts also place an obligation on a person to provide a blood or urine sample in a hospital. This applies where an event occurs involving a vehicle which results in a person being injured, or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital, and a member of the Garda is of the opinion that, at the time of the event, the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs.

Following the advice of the Attorney General on possible amendments to legislation, which continue to take overriding medical circumstances into account, this issue is included in the General Scheme of a Road Traffic and Transport Bill, which was recently approved for drafting by the Government.

There is no feasible basis as yet in Ireland or in Europe for the introduction of a preliminary roadside test for drugs, such as at the scene of a road traffic collision, as testing devices are still in the prototype stages. However, the Medical Bureau of Road Safety is keeping abreast of developments in this area and is keeping me informed on the matter.

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