Vol. 265 No. 9
asked the Minister for Justice if, in view of the recent Supreme Court ruling that the present method of taking blood for measurement of blood alcohol levels is improper, he will be prepared to review the penalties in cases where convictions were obtained by this method.
17.
asked the Minister for Justice if, in the light of the recent Supreme Court decision on breathalyser cases under the Road Traffic Act, 1968 regulations, he will state the action he proposes to take in relation to persons already convicted where the method of taking blood for measurement of blood alcohol levels was determined under these regulations.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 16 and 17 together.
It is not correct to say that the judgment of the Supreme Court is to the effect that the method used in taking blood samples was improper. It is rather to the effect that the manner in which the samples were dealt with after being taken did not comply fully with the provisions of the relevant regulations that were intended to ensure against the possibility of the samples being interfered with before being analysed.
The Supreme Court decision does not mean that there was a miscarriage of justice in those cases where a person was convicted of driving or attempting to drive while having more than the prescribed proportion of alcohol in his blood and I do not accept that there is a case for granting any remission of the penalties imposed solely on the basis of the Supreme Court judgement.
Are cases where convictions have not taken place being considered?
If there are cases where convictions have not taken place they are before the courts. Accordingly, the matter is sub judice and it would be a matter for the court in the individual cases to decide if the Supreme Court decision bears on that case.
May I ask the Minister to make sure that the samples, having been taken, will be properly sealed so that there will be no danger of interference with them?
The regulations, as drafted by the Department of Local Government, provide that the stopper shall be sealed, and instructions have been given to interpret these regulations to mean that "sealing" means some sort of a physical seal and that the screw top which has been used up to now is not adequate.
Is the Minister aware that the regulations of the Council of Europe on this question of blood samples specify that the defendant would have the right to have a separate independent sample if he so wished and they have asked that these regulations be applied in member countries? When do the Minister's Department intend to introduce these recommendations here?
It is already the right of the person whose blood is being tested for this purpose to have a separate sample taken and independently tested.
