James Reilly (Dublin North, Fine Gael)
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Question 71: To ask the Minister for Transport when compulsory testing of alcohol testing will be introduced for all those involved in road traffic accidents; and if he will make a statement on the matter. [46492/08]

Michael D Higgins (Galway West, Labour)
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Question 121: To ask the Minister for Transport when he will introduce measures to facilitate the mandatory testing of all drivers involved in serious road collisions; and if he will make a statement on the matter. [46361/08]

Noel Ahern (Dublin North West, Fianna Fail)
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I propose to take Questions Nos. 71 and 121 together.

The current position regarding the testing of drivers for alcohol at the scene of a collision 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 may be required for seriously injured victims and must take precedence over breath testing.

In addition, a Garda may request a blood or urine sample from a driver who is in hospital following a vehicle incident, where the Garda believes that person was intoxicated.

Advice has been received from the Attorney General on possible amendments to legislation to provide for mandatory alcohol testing at the scene of a collision which continues to take overriding medical circumstances into account. The issue is included in the Road Traffic and Transport Bill, which is currently being drafted. It is expected that the Bill will be published early next year.