During the long debate on section 10 (8), and the Minister's amendment, there is still some confusion in relation to section 13 which deals with the obligation to provide a specimen following arrest. The specimen can be a breath specimen but if the Minister intends proceeding with the powers of the controversial section we discussed for many hours, why is he excluding a breath specimen taken by a garda entering a house without warrant, with force? This section deals with all arrests but surely it would not exclude forcible entry into the private dwelling and subsequent testing of the suspect?
SECTION 13.
Amendments Nos. 22 to 24, inclusive, not moved.
Question proposed: "That section 13 stand part of the Bill".
That is a separate issue. In the earlier section I precluded a preliminary breath test.
Why, for the record, if a preliminary breath test is suitable on all the occasions where this section may apply is it unsuitable in some cases such as the one we previously discussed? I thought this section would cover all cases of arrest where a preliminary evidential breath test would be acceptable. Why are there some exclusions?
As I understand it under the other section the person was being arrested.
I am sorry he is being arrested. The first line of this section states: "Where a person is arrested under section 49 . . . the following" will occur. The person is being arrested under this section also. I do not quite understand; maybe I am missing the point.
The section deals with what takes place following the arrest.
But if a person is arrested in his or her bedroom at home that person cannot have a breath test.
That person is taken to a Garda station, as is normal.
Yes, but why is the evidential breath test ruled out?
It is not ruled out, it just takes place in a Garda station.
The power to enter a private property is not being applied to section 12 to take a preliminary breath test, it is being confined solely to secure the arrest. Is the Minister suggesting they are subsequently brought to the Garda station where they can have an evidential breath test?
Yes.
I was trying to match the briefing note with the two. I thank the Minister.
Question put and agreed to.