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Dáil Éireann díospóireacht -
Tuesday, 16 Dec 1969

Vol. 243 No. 9

Ceisteanna—Questions. Oral Answers. - Breathalyser Regulations.

69.

Dr. Browne

andDr. O'Connell asked the Minister for Justice whether the Garda authorities are in the process of securing agreement between themselves and individual members of the medical profession on the fees offered for carrying out medical examinations under the new breathalyser regulations; if so, if he approves of this arrangement; and if he intends to negotiate a suitable arrangement between the Medical Union and his Department.

The answer to the first part of the query is in the negative, so that the question of my approval does not arise. The Irish Medical Association and the Medical Union have indicated that they will negotiate fees for this work only as part of a general claim by them in relation to all services provided for the Garda. My Department is examining the general claim. As a holding operation, I have approved fees for the taking of blood/ urine samples.

Is the Minister aware that this was first mooted over a year ago, that his Department were dilatory in this matter and only sought to have it finalised in August of this year and that it is a very important matter requiring clarification immediately?

That is not true. The regulations were brought in by the Minister for Local Government quite recently. The claim advanced by these people is a general claim, not specifically in respect of these particular fees but on other matters affecting their services to my Department.

Would the Minister not agree that it is impossible to implement this unless agreement is reached as soon as possible?

It is being implemented and they are prepared to accept what is being paid to them in this particular case without prejudice to their general claim.

70.

Dr. Browne

andDr. O'Connell asked the Minister for Justice when representations concerning terms and conditions of senior Garda doctors in respect of fees offered for carrying out medical examinations under the new breathalyser regulations were first received; if the Medical Union representatives are to be received by him; and if so, when.

I presume that the Deputies are referring to the inquiry received by my Department in February of this year from the Irish Medical Association as to what services it was envisaged would be required from doctors and what fees would be payable in connection with the introduction of tests to establish the blood-alcohol level of drivers.

The Road Traffic Act, 1968, (Part V) Regulations, 1969, were made by the Minister for Local Government on 14th October, 1969. In August, as soon as the contents of the draft order took firm shape, my Department held discussions on two occasions with the Irish Medical Association and the Medical Union, who at that stage indicated they would negotiate fees for the blood-alcohol tests only as part of a general claim they were about to present in relation to all types of medical services rendered by doctors to the Garda Síochána. This general claim was received on 22nd September and is being examined.

Could the Minister give an assurance that these tests will take place without hindrance? Will he give an assurance that the tests will take place?

An assurance of what?

Will he give an assurance that there will be no breakdown in these negotiations between the associations concerned and his Department?

I would be a brave man to predict that there would be no breakdown in negotiations.

The Minister is a brave man and a rash man.

Always brave but never rash, as the Deputy will find out.

(Interruptions.)
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