asked the Minister for the Environment if he is considering the lowering of the blood alcohol level permissible by law to a level compatible with road safety and the civilised standards of other European countries; and, if so, if he will give details.
Ceisteanna—Questions. Oral Answers. - Blood Alcohol Level.
20.
The Deputy is no doubt aware of the difficulties which arose in enforcing the present blood-alcohol level culminating in the recent suspension of prosecutions by the Director of Public Prosecutions. I hope shortly to announce proposals for rectifying this situation, but I do not contemplate legislation to amend the limit of 125 milligrammes for 100 millilitres.
Is the Minister aware that in Ireland it is 120 milligrammes, in Germany 80 and throughout Europe it is much lower than 120?
I appreciate that, but the Deputy must appreciate the legal tangle this has got into vis-à-vis court decisions right up to the Supreme Court.
I accept that. I gather from the Minister's reply that he does not intend to change the alcohol level in the blood. Is that right?
The gardí inform me, and it has always been their view, that the deterrent aspect is more important than whether the blood alcohol level is 100 or 125. We will continue to have this system. It would be a very difficult drafting job to get around the court decisions. We will continue to have a blood alcohol level, and I do not intend as of now to reduce it from 125 to 100 millilitres.
Would the Minister bear in mind a suggestion, in relation to whatever new legislation or regulation is to be brought in, that there might be a graduated period of disqualification relative to the degree of alcohol in the blood level? It is totally wrong that a person with a blood level count of 140 gets disqualified for 12 months and a person with a blood level count of 300 gets a similar sentence.
That is a constructive suggestion which I will bring to the notice of my colleague.
When introducing new proposals in this area, would the Minister ensure that there is no feeling in the public mind that the recent lapsing of the breathalyser, or any action by the Government, could be misconstrued as to believe that a full scale war on drunken drivers would not be kept up? In other words, would he ensure that every effort is sustained to make sure that drunken driving is being eliminated from our roads?
The full pressure of administration will be concentrated on that aspect of crime prevention.
I am aware that all proceedings in regard to the breathalyser have been suspended. Is the Minister in a position to say at what stage of preparation is this legislation? Has it passed through the Government? Is it with the Parliamentary Draftsman?
The precise position is that it is with the Attorney General and the draftsman. They are trying to work out a Bill that will be consistent with the Supreme Court decision, and will preserve the system of blood alcohol tests as being the best and most effective deterrent when dealing with this offence.