Vol. 531 No. 5
11 Mr. Timmins asked the Minister for Justice, Equality and Law Reform if a procedure exists whereby a blood or urine sample is taken from the victim of a fatal accident; if the same procedure applies to other persons involved in such an accident; and if he will make a statement on the matter. [6065/01]
I am informed by the Garda authorities that under the drink driving provisions of the Road Traffic Acts, 1961, as amended, the obligation to provide a specimen of blood-urine or breath is confined to drivers of mechanically propelled vehicles who have been found driving such vehicles.
The road traffic Acts provide for preliminary road side screening, commonly known as a breathalyser, of a driver where a garda is of the opinion that the driver has consumed an intoxicant, that is, alcohol or a drug or a combination of both drugs and alcohol. Evidential samples of blood-urine and breath are taken in the Garda station.
I should also state that the Road Traffic Acts, 1961, as amended, also provide for the taking of blood or urine specimen in a hospital from a driver suspected of being involved in a road traffic accident. In the case of fatal accidents it would be normal practice for the coroner to arrange for a post mortem examination of a body by a pathologist. I understand that in such cases it is normal practice for the pathologist to arrange for a toxicological examination, the examination of body fluids.
I have no statutory responsibility for the Road Traffic Acts, 1961, as amended, which are a matter for my colleague the Minister for the Environment and Local Government. However, I understand that he is considering in the context of the Road Traffic Bill and in accordance with the Government's National Strategy on Road Safety, 1998-2002, some changes which would provide for the possible selective application of random testing and screening of drivers. I understand that the Bill is currently being drafted by the parliamentary draughtsman as a matter of urgency and will be published shortly.
