Written answers

Tuesday, 6 November 2012

Department of Transport, Tourism and Sport

Proposed Legislation

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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To ask the Minister for Transport, Tourism and Sport when he expects the introduction of the law with regard to the testing of the unconscious driver; the reason there has been a delay in introducing same; if he envisages this measures being included in the upcoming Road Traffic Bill; and if he will make a statement on the matter. [48072/12]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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In July 2011, I informed the Joint Oireachtas Committee on Environment, Transport, Culture and the Gaeltacht of my intention to provide for a number of road safety related measures, including testing of unconscious drivers following a collision where injury has occurred, in future road traffic legislation. The Committee expressed concerns that the taking of specimens of blood from unconscious drivers might raise constitutional issues and requested that advice be sought on the matter from the Office of the Attorney General (AGO).

My Department has sought that advice and is awaiting a response.

Provided the AGO indicates that it is appropriate to do so, I propose to provide for testing of unconscious drivers in the next Road Traffic Bill, which I hope to publish early in 2013.

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