In a judgment delivered on 16th July the Supreme Court declared section 44 (2) (a) of the Road Traffic Act, 1968, to be invalid as being repugnant to the Constitution. The provision in question is an extremely important one; without it, Part V of the 1968 Act, which introduced the offences of driving, attempting to drive or being in charge of a vehicle while the blood-alcohol level exceeds a specified limit, cannot be operated effectively. Although proceedings can still be taken for the "traditional" offences of driving, et cetera, while under the influence of drink, it is highly desirable that legislation should be enacted at the earliest possible date to enable the institution of prosecutions for the offences created by the 1968 Act to be resumed. The main purpose of the Road Traffic (Amendment) Bill, 1973, is, therefore, to substitute a new paragraph for the paragraph in section 44 of the 1968 Act which has been declared to be unconstitutional. In addition, the Bill provides for certain necessary amendments of Part V of the 1968 Act.
Section 1 of the Bill, which relates to interpretation, and section 8, which provides for short title and collective citation, do not call for special comment.
Sections 2 to 6, by amending a number of sections of the 1968 Act, will remove the restriction by which a requisition to an arrested person to provide a blood or urine specimen may be made only by the member of the Garda Síochána who is in charge of the Garda station when the person is brought there. Difficulties have arisen in relation to the existing provisions because of changes in Garda organisation and working hours following the implementation of the Conroy report. Moreover, changes in these provisions are desirable to facilitate the introduction of the Special Traffic Corps. I am satisfied that the best course is to make the amendments proposed in sections 2 to 6 and thereby enable any member of the Garda Síochána to carry out the necessary procedures.
Section 7 amends section 44 of the 1968 Act to take account of the Supreme Court decision and to improve the existing provisions relating to evidence. In subsection (2) (a), it will now be provided that a certificate from the Medical Bureau of Road Safety as to a person's blood-alcohol level will be "sufficient evidence until the contrary is shown" rather than "conclusive evidence". It was the use of the word "conclusive" that led the Supreme Court to declare the existing provision invalid. In subsection (2) (b), a minor change in wording is being made, on the advice of the Attorney General's Office, to improve the evidential value of the certificate referred to in the subsection. The new subsection (3) is designed to remove the possibility that the prosecution may be called on to prove in each case, by production of current medical registers et cetera, that the doctor who took the blood or urine specimen is a “registered medical practitioner”.
I am satisfied that the amendments proposed in the Bill are necessary in order that the provisions of Part V of the 1968 Act may serve the purpose for which they were designed. Senators will be aware of the importance of these provisions and of the part they can play in reducing the number of deaths and injuries on our roads. I am sure, therefore, that they will appreciate the necessity to have all Stages of the Bill dealt with as a matter of urgency; indeed I hope that it will be possible to take all Stages of the Bill today. Moreover, because of the need to restore the provisions of the 1968 Act to full effect at the earliest possible date, the Government have decided that the prior concurrence of Seanad Éireann should be sought, pursuant to Article 25.2.2 of the Constitution, in a request to the President to sign the Bill as soon as may be after it is presented to him. Accordingly, an appropriate motion has been put down on the Order Paper of the Seanad.
I might mention that, if the Bill is enacted, some consequential amendments will be necessary in the regulations made under Part V of the 1968 Act. The drafting of the necessary amending regulations is in hands.