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Seanad Éireann debate -
Wednesday, 28 Jun 1978

Vol. 89 No. 12

Road Traffic (Amendment) (No. 2) Bill, 1978 [Seanad Bill amended by the Dáil]: Report and Final Stages.

This, again, is a Seanad Bill which has been amended by the Dáil. In accordance with Standing Order 75, it is deemed to have passed its First, Second and Third Stages in the Seanad and is placed on the Order Paper for Report Stage. On the question "That the Bill be received for final consideration", the Minister may explain the purport of the amendments made by the Dáil and this is looked upon as the report of the Dáil amendments to the Seanad. The only matter, therefore, that may be discussed is the amendments made by the Dáil. For the convenience of Senators I have arranged for the printing and circulation to them of the amendments made by the Dáil.

Question proposed: "That the Bill be received for final consideration."

The Road Traffic (Amendment) Bill, 1978 has now been passed by Dáil Éireann with a small number of minor drafting amendments as shown on the list accompanying the green print of the Bill and which we were advised would improve the text of the Bill. There were nine amendments. Seven of them related to blood and breath as in the 1968 Act in the case of apparatus used for breath analysis. The other two amendments were designed to ensure that regulations under this Bill also encompassed the unrepealed parts of the Act of 1968. There is, therefore, no change of any substance in the text as previously passed by the Seanad. I would once again express thanks to the Seanad for the urgency with which it has considered this Bill.

There is one matter which should be cleared up. I understand in the future we may have an apparatus here which will determine the blood level on being used for breathing. It will not be the preliminary scanner that the Garda use at the moment. Later on we will have an apparatus that will determine a certain alcohol level. I am confused when the amendments refer to the alcohol level in breath or blood in the context of, for example, section 13 (1) (a) where following an arrest the person is required to exhale into an apparatus to indicate if the concentration of alcohol in breath or blood is present on his breath. Does this apparatus indicate a level of alcohol in blood?

Yes, in blood.

If one breathes into this apparatus, the reading can then be taken of the blood level of the alcohol?

Yes, that is true.

Question put and agreed to.
Question "That the Bill do now pass", put and agreed to.