Vol. 531 No. 2
165 Mr. Enright asked the Minister for Justice, Equality and Law Reform the procedure adopted by the Garda Síochána after a blood or urine sample is taken from a person believed to have been driving under the influence of intoxicating liquor or a drug under Section 49 of the Road Traffic Act, 1961; where the test is carried out; and if he will make a statement on the matter. [5244/01]
166 Mr. Enright asked the Minister for Justice, Equality and Law Reform the full procedure following the arrest of persons arrested under section 49 of the Road Traffic Act, 1961, driving under the influence of intoxicating liquor; the procedures if a person is under the influence of a drug; and the facilities available in Garda stations for the testing of persons under the influence of each of the above stimulants. [5245/01]
I propose to take Questions Nos. 165 and 166 together.
The procedures referred to by the Deputy are set out in the Road Traffic Act, 1961, as amended. In relation to procedure, I am informed by the Garda authorities that section 13 of the Road Traffic Act, 1994, places an obligation on a person arrested to provide two specimens of his-her breath and-or a sample of blood or urine at a Garda station. Section 15 provides for the provision of such a sample at a hospital.
The procedure regarding taking of a specimens of blood and urine are contained in section 18 of the Road Traffic Act, 1994 – No. 7 of 1994. Subsection (1) of section 18 of the 1994 Act states that where a designated doctor has taken a specimen of blood from a person or has been provided by the person with a specimen of his urine, the doctor shall divide the specimen into two parts , place each part in a container and he shall forthwith seal and complete the form prescribed for the purpose of this section.
Subsection (2) provides that where a specimen of blood or urine of a person has been divided into two parts pursuant to subsection 1, a member of the Garda Síochána shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.
Subsection (3) provides that when subsection 2 has been complied with a member of An Garda Síochána shall cause to be forwarded to the Medical Bureau of Road Safety for testing, the completed form plus the relevant sealed container or where the person has declined to retain one of the sealed containers, both relevant sealed containers.
In relation to tests for suspected drug driving cases the sample is forwarded through the Medical Bureau for Road Safety to the State Laboratory at Abbotstown for testing. In relation to facilities in Garda stations for processing suspected drink driving cases, I am informed by the Garda authorities that suspects are only processed in Garda stations where there are rooms set aside for the doctor or in cases where the suspects breath is tested the suspect is processed in a station where there is evidential breath testing equipment.
167 Mr. Enright asked the Minister for Justice, Equality and Law Reform the number of people charged under section 49 of the Road Traffic Act, 1961, with driving while under the influence of intoxicating liquor in each of the years 1990 to 2001 to date; and the number convicted of driving while under the influence of intoxicating liquor in each of the years 1990 to 2001 to date. [5246/01]
168 Mr. Enright asked the Minister for Justice, Equality and Law Reform the number of people charged under section 49 of the Road Traffic Act, 1961, of driving while under the influence of a drug in each of the years 1990 to 2001 to date; and the number convicted of driving while under the influence of a drug for each of the years 1990 to 2001 to date. [5247/01]
I propose to take Questions Nos. 167 and 168 together.
I am informed by the Garda authorities that most cases of driving under the influence of an intoxicant are dealt with by way of District Court summons as opposed to proceeding by way of a charge sheet and charge before the District Court.
I am further informed by the Garda authorities that details in relation to Garda prosecutions and convictions under the Road Traffic Acts, 1961, as amended, including prosecutions for driving under the influence of an intoxicant, which includes alcohol or drugs or both are contained in the Garda Commissioner's annual crime reports, 1990 to 1999, copies of which are available in the Oireachtas Library. Statistics in relation to the years 2000 and 2001 to date have not yet been published.
Details in relation to the number of prosecutions and convictions for driving under the influence of a drug(s) are not readily available and could only be ascertained by the use of a considerable amount of Garda time and resources as they are included in the ‘driving under the influence of an intoxicant' category.
