Random breath tests on the way

Irish motorists could be randomly breath-tested by gardaí within a year if legal concerns are resolved, Minister for Transport Martin Cullen said today.

Fianna Fáil had been accused by Opposition parties for delaying the issue because of strong lobbying by publicans around the country.

But Mr Cullen today told the Oireachtas Transport Committee that he was committed to the Government’s Road Safety Strategy pledge to roll out random testing by the end of 2006 but the legislation must be legally sound and have all-party support.

“The Road Safety Strategy provides that random breath testing should be in place before the end of 2006,” he said.

“In seeking to meet that commitment I must give very careful consideration to certain realities that must be faced.”

Labour recently accused Fianna Fáil of being afraid of offending publicans by introducing random testing.

Last year, the Government shot down a Labour amendment to its Road Traffic Bill which would have provided for testing.

The issue was first promised by former Transport Minister Seamus Brennan in 2003. It is a key recommendation of the Government’s 2004-2006 Road Safety Strategy and also the Strategic Task Force on Alcohol.

According to research by the National Safety Council, about 40% of all road deaths are alcohol-related. It found that 86% of the public would support random breath testing.

Mr Cullen previously told the Dáil that there were constitutional difficulties with the introduction of the testing.

Mr Cullen today told committee members that drink-driving was a significant cause of road accidents and very difficult to defend.

“Despite repeated promotional campaigns, major enforcement efforts and very significant legal deterrents, some people still make the conscious decision to drink and drive.”

Mr Cullen said that random testing had been very successful in Victoria, Australia and in some EU member states.

However he pointed out that it was not applied in the UK or US where road safety records are better or equal to Ireland’s.

“Against that background I have pursued a detailed examination of the possible approaches that could be adopted here to give the gardai greater powers to impose roadside breath tests.

“This examination has been informed and supported by the receipt of independent legal opinion and the opinion of the Attorney General.

“I want to make it clear that I wish to find an approach to extending the scope of roadside breath testing in a manner which both has regard to the legal concerns regarding proportionality but also gives the gardai significant additional scope to demand that motorists submit to roadside breath testing.”

Mr Cullen called for an early meeting with Opposition transport spokespersons to seek consensus on the issue.

“We could together, hopefully, fashion a way forward on this issue to be included in amending legislation on a basis which crosses party boundaries.”