Vol. 562 No. 4
388 Mr. Costello asked the Minister for Justice, Equality and Law Reform the implications for enforcement of the law on drink driving of the judgment of the Supreme Court with regard to the admissibility of samples taken by the intoxilator; the steps the Government intends to take arising from the decision; the steps he intends to take to ensure that the public are protected against drunken driving; and if he will make a statement on the matter. [6214/03]
The Road Traffic Acts, and any implication for them arising from any court judgment, are matters for my colleague, the Minister for Transport. I have been informed by the Garda authorities that the Supreme Court recently held that insufficient evidence was given to a Circuit Court judge to draw a conclusion as to whether the 20 minute interval before a driver is required to provide a breath specimen was or was not reasonably necessary to the achievement of the statutory purpose mentioned in section 13(1)(a) of the Road Traffic Act 1994, which empowers the Garda to require a person to provide breath specimens in certain circumstances for the purpose of enforcing drink driving legislation. The court concluded that there might be sufficient evidence on this point in another case where the same offence was alleged. I am informed by the Garda authorities that the powers conferred by section 13 of the Road Traffic Act, 1994 in relation to breath specimens continue to be fully utilised.
