I propose to take Questions Nos. 445 and 446 together.
I am informed by the Garda authorities that the breakdown of cases where proceedings commenced under sections 49(2), 49(3) and 49(4) of the Road Traffic Act, 1961 in respect of blood, urine and breath samples in each of the years 2000 to 2005 is set out in the following table:
|
Year
|
Section 49(2) Blood
|
Section 49(3) Urine
|
Section 49(4) Breath
|
Total
|
|
2000*
|
291
|
167
|
295
|
753
|
|
2001*
|
2,270
|
1,233
|
3,747
|
7,250
|
|
2002
|
2,252
|
1,399
|
6,627
|
10,278
|
|
2003
|
2,130
|
1,365
|
5,726
|
9,221
|
|
2004
|
2,107
|
1,422
|
5,597
|
9,126
|
|
2005
|
1,574
|
1,063
|
6,635
|
9,272
|
The following table sets out the breakdown of convictions to date under sections 49(2), 49(3), and 49(4) of the Road Traffic Act, 1961 in respect of blood, urine and breath samples in each of the years 2000 to 2005:
|
Year
|
Section 49(2) Blood
|
Section 49(3) Urine
|
Section 49(4) Breath
|
Total
|
|
2000*
|
233
|
131
|
229
|
593
|
|
2001*
|
1,604
|
870
|
2,208
|
4,682
|
|
2002
|
1,498
|
938
|
3,580
|
6,016
|
|
2003
|
1,331
|
865
|
3,175
|
5,371
|
|
2004
|
1,260
|
805
|
3,477
|
5,542
|
|
2005
|
691
|
443
|
3,886
|
5,020
|
*The figures provided for 2000 and 2001 are incomplete due to the phased implementation of PULSE. The first full year captured is 2002.
Proceedings may commence in a year subsequent to the year of arrest and are not necessarily commenced and concluded in the same year.
I have also been informed by the Garda authorities that there is no undue delay in instituting proceedings where the blood, urine and breath level exceeds the legal limit.
In cases where the certificate from the evidential breath testing instrument indicates the breath alcohol concentration exceeds the legal limit, it is the policy of An Garda Síochána to charge the person concerned.
In the case of blood and urine, specimen analysis is carried out by the Medical Bureau of Road Safety and, on receipt of a certificate from the Bureau indicating blood or urine concentration exceeding the legal limit, an appropriate summons is applied for to bring the case before the Courts.
Proceedings are not commenced for drink driving primarily because the blood, urine or breath alcohol concentration does not exceed the legal limit. Where a person fails or refuses to provide a blood, urine or breath specimen proceedings may be instituted for such failure or refusal and proceedings may not be commenced for drink driving.
I am also informed that records are not compiled in such a way as to indicate the number of cases where proceedings were not commenced and the amount of time it would take to compile such information could not be justified.
