Dick Spring
Question:9 Mr. Spring asked the Minister for Justice if he will outline any recent changes in procedures relating to the prosecution of drunken driving offences under the Road Traffic Acts; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Drunk Driving.
Arising from consultations between the Garda authorities, the Director of Public Prosecutions and officials of my Department, revised investigation and prosecution procedures have been put in place in the case of motorists involved in fatal accidents where drunk driving is suspected to be a factor.
For obvious reasons it would be inappropriate for me to disclose all the details of the revised procedures but I can confirm that they include the following: all decisions on prosecutions arising from traffic accidents in which fatalities occur — except, of course, where there are no survivors — are now taken by the Director of Public Prosecutions; Garda instructions have been revised with a view to ensuring that, where warranted, successful prosecutions are mounted in such cases by the force; the Garda, again where warranted, now accompany the motorists in question to hospital with a view to ensuring that they are not seeking medical attention solely for the purpose of avoiding a prosecution for drunken driving; and in cases where it is not possible to make an arrest or to obtain a blood or urine sample, the Garda have been instructed to make every effort to secure other relevant evidence in relation to alcohol consumption.
Deputies may be assured that the utmost diligence is exercised by the Garda in the prosecution of all cases of the serious offence of drunken driving.
I welcome that statement on the part of the Minister. The original statement I read was not at all clear. That is a much more comprehensive and satisfactory response. Can the Minister say whether these revised investigative and prosecution procedures apply already or can he indicate from what date they became applicable?
From about October-November last year.
In regard to the Minister's suggestion that the Garda should seek other relevant evidence on drink consumption, can he say what he has in mind, to what type of evidence he is referring and what is the purpose of gathering that evidence? Would he not agree that, in the absence of being able to take a blood or urine sample in all circumstances, there is no prospect of mounting a successful prosecution in court for drunk driving at least, if for nothing else?
The Garda use every facility available to them to acquire what evidence they can to assist them in drunk-driving cases. I will let the Deputy, as a party spokesperson have, in confidence, the types of measures being used.
In the case of a motorist taken to hospital, will the Minister say what are the present difficulties in law, ethical or otherwise, preventing the Garda obtaining a blood sample, in particular, even where the person concerned is taken to hospital for medical attention?
The circumstances that arose in the past, with which we are all familiar, were that, a person involved in an accident — conscious of being over the limit in relation to the consumption of alcohol — could lie at the side of his or her car and feign injury until the ambulance arrived and took them to hospital. Until November last that could be done without a Garda presence but now if a Garda suspects an individual is over the limit he can accompany the person feigning the injury to the hospital and from there secure a sample which can be used in a case at a later stage.
Deputy McCartan rose.
Please Deputy, I am calling Deputy Barrett.
I accept that but may I clarify that very briefly?
When the person is taken to hospital what powers have the Garda for insisting that the person give a sample? Is it purely on a voluntary basis or have the Garda power to force a person to give a sample?
I do not want to mislead the Deputy. I would prefer to give him a precise answer. I am not sure whether it is voluntary or otherwise. I had better get it right and give him the answer later.
In terms of giving some effect to the directives does the Minister intend to introduce legislation to give solid backing to the improvements he has introduced in regard to drunk-driving, such as proof by way of certificate of the registration of a medical doctor? The Minister is aware of the difficulties that arose recently in cases in Dublin because of the illness of the doctor in question.
Obviously I am concerned. I have been assured by the Garda authorities that all prosecutions instituted by the force for drunk-driving offences are prepared with the utmost diligence and care at all times. So far as the outcome of court proceedings in this regard is concerned the Deputy will be aware that I have no function in particular matters. However, in relation to whatever loopholes have appeared, the Deputy can be assured that my colleague, the Minister for the Environment, is preparing comprehensive legislation in this regard. Whatever changes are necessary will be included in that legislation.
Comprehensive legislation.
Question No. 10 please. A final question from Deputy Spring.
In relation to the recent failures in terms of prosecution I am sure the Minister will be aware that the public had great difficulty in understanding why medical evidence could not be produced in court. May I ask the Minister if he or his Department have considered introducing proposals to remedy what looked like a glaring weakness in the law at the time?
As I have said, the legislation was introduced by my colleague, the Minister for the Environment. He is preparing legislation to tighten up and close whatever loopholes may have appeared in particular cases. The Deputy will understand that I am not in a position to comment on the outcome of court proceedings generally.
I can understand that.
It will be possible then to open that loophole.
Question No. 10 please.