asked the Minister for Justice if he will make a statement regarding the success of the breathalyser test since its inception; and if he will give an indication of the number of prosecutions and convictions for drunken driving which have resulted in cases where the test has been applied.
Ceisteanna—Questions. Oral Answers. - Breathalyser Test.
57.
The breathalyser was first introduced on 3rd November, 1969, but after a short period, due to the intervention of a dispute with the medical profession about fees, it ceased to operate, save in Limerick city, until 21st December, 1970.
Garda statistics of prosecutions and convictions for drunken driving or for being drunk in charge of a mechanically propelled vehicle, in cases where breath, blood and urine tests were carried out, were not specially recorded for 1970 because the tests were then virtually inoperative. Detailed figures for 1971 are contained in the report of the Commissioner of the Garda Síochána for the year ended 30th September, 1971, a copy of which is available in the Library. Figures for the year ended 30th September, 1972, are not yet available.
In the long term, the measure of the success of the breathalyser test is to be found, not in the statistics of prosecutions brought and convictions obtained, but in its effect on road accidents. The analysis of road accidents is nowadays undertaken by An Foras Forbartha under the auspices of the Minister for Local Government.
It is not right for the Minister to say that the measure of success of the test is to be found in a reduction in the number of road accidents because in actual fact there has been an increase in road accidents. One cannot absolve oneself like that from responsibility. We would need more details in regard to the test and its use. Such information would be very useful. Might I ask the Minister if every garda is supplied with the necessary equipment?
I do not think that would be possible for obvious reasons. The number of samples taken is very high. I understand it is running at about 300 per month.
What percentage would be positive?
Ninety-nine.
I could not say off hand, but my experience is that about 95 per cent of them go down.
For the information of the House, would the Minister state if there are any cases pending before the Supreme Court in relation to technicalities involved in the procedure for blood and urine testing?
That is a separate question.
It is a separate question, but I think there are such cases pending.
If prosecutions are brought and persons are convicted of something which may ultimately be proved not to be an offence, the question of indemnity might arise.
The Minister stated the report is available in the Library. Does he not think it would be in the public interest to make the report public?
Anyone who wants to can buy a copy of the report and the newspapers printed long excerpts from it.
I do not think they adverted to the seriousness——
This is a separate question.
——of these breathalyser tests and the dangers involved and how these prosecutions can result. If the Minister were to give these figures to the Dáil he might be doing a useful public service.
I will give the figures for 1971, even though they are publicly available and have been published in the papers within the last few weeks. They are: drunken driving, section 49, 1,033; drunk in charge, section 50, 147; driving or attempting to drive with a blood alcohol level in excess of the prescribed limit, 910; being in charge of a MPV with a blood alcohol level in excess of the prescribed limit, 44. They are the figures for the year ended 30th September, 1971.