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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Drunken Driving.

Drunken driving tests and prosecutions

Summary

Members questioned the abandonment of drunken-driving tests, enforcement risks and prosecution statistics. The Minister referred members to Garda annual reports and said the suspension of prosecutions was the Director of Public Prosecutions’ decision on legal grounds.

asked the Minister for Justice when and why the decision was taken to abolish the breathalyser, blood and urine tests on suspected drunken drivers; and if he is satisfied that the abolition of these tests will result in more effective enforcement of this country's driving laws.

40.

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asked the Minister for Justice the number of (a) charges brought and (b) convictions obtained in respect of drunken driving for each of the last five years; if he has any proposals to introduce measures to replace the breathalyser test which was recently abandoned by his Department; and if he considers that there is now a greater risk of drunken driving occurring than when the breathalyser was in force.

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With the permission of the Ceann Comhairle, I propose to take Questions Nos. 39 and 40 together.

Statistics relating to charges of convictions for drunken driving are contained in the Annual Reports of the Commissioner of an Garda Síochána on Crime, copies of which are available in the Library. The report for 1976 is expected to be published very shortly.

The decision to suspend prosecutions under section 49 of the Road Traffic Act, 1961, as amended by section 29 of the Road Traffic Act, 1968, was not taken by me but by the Director of Public Prosecutions whose decision was made on legal grounds. Any question of an amendment of the law in the matter is primarily one for the Minister for the Environment.

The Garda authorities have informed me that, while it is difficult to predict what effect the suspension of blood alcohol content tests will have, the force has been directed, as an interim measure, to deal with all drunken driving cases under section 49 of the 1961 Act as it stood before amendment.

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