Garda traffic chief says no immediate breath tests

The head of the Garda National Traffic Bureau said today random breath testing would not take place until the necessary legislation…

The head of the Garda National Traffic Bureau said today random breath testing would not take place until the necessary legislation was passed.

Chief Supt John Farrelly siad there was "no point jumping the gun".

"You have to do it right and the legislation that's going to come down the road will be essential for us to make sure that we can streamline our detection system, that we can get in to court and get the convictions as required," he told RTÉ's Morning Ireland radio sho.

"There is a legislative situation that has to take place and before then we have the extensive powers we already have there.

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"You will still see the checkpoints, you will still see the activities of the gardai,''

He added: "We are there enforcing the law as it stands".

The introduction of random breath testing has been delayed for years because of concerns it may not be constitutional. At present, gardaí need to show they have "formed an opinion" that a driver had consumed excess alcohol before asking for a sample.

But the Taoiseach told the Dail last Wednesday that Attorney General Rory Brady had concluded random breath testing was constitutional and therefore it would be introduced.

"The Attorney General has given advice that it is legal and constitutional to introduce random breath testing. It has to be done in a particular way and that will be done," Mr Ahern said.

Garda Commissioner Noel Conroy told the Oireachtas Committee on Transport on the same day that Mr Brady had advised him existing powers could be used to set up random checkpoints at which motorists might be asked on "reasonable suspicion" to provide a breath sample.

He said the advice would lead to an immediate change in policing, with more checkpoints and a greater focus on pub car parks.

But Chief Supt Farrelly said this morning: "There is a legislative change that has to come into place and we'll have to wait and see".

Patrick  Logue

Patrick Logue

Patrick Logue is Digital Editor of The Irish Times