asked the Minister for the Environment if he is aware of the non-acceptance by district justices as evidence the results of independent tests carried out on samples privately undertaken in section 49 cases of the Road Traffic Act, 1961, as amended in 1978; if he is further aware that samples independently analysed have varied considerably with the results as indicated by the Medical Bureau of Road Safety; and if he will consider amending the 1961 Act as amended in 1978 to permit three samples to be taken so that in areas of conflict in the results of the testing of samples an independent testing can be carried out on the third sample so as to decide the issue.
Written Answers. - Drink-Driving Offences.
48.
The situation referred to arises very infrequently. It is a matter for a court to decide a drink-driving case on the evidence presented to it. The right of a person charged with a drink-driving offence to produce evidence, if he finds it possible to do so, in his own defence is protected under section 21 of the Road Traffic (Amendment) Act, 1978. I am arranging, nonetheless, to have the points raised by the Deputy examined.