An Leas-Cheann Comhairle: The first amendment is in the name of the Minister and arises out of committee proceedings. Amendments Nos. 1 to 5, inclusive, are related and will be discussed together.

Minister of State at the Department of Transport, Deputy Jack Chambers:  I move amendment No. 1:

In page 9, between lines 29 and 30, to insert the following:

“(b) by the insertion of the following subsection after subsection (2B):

“(2C) Where a member of the Garda Síochána, under subsection (2A), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the public place concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to in subsection (2A) indicates the presence or absence of drugs in the specimen.”,”

These amendments are being taken together. As a group, they are in response to a recent court case that made findings of concern with regard to intoxicant testing at the roadside. Gardaí have the power to conduct two kinds of tests for intoxicants at the roadside. These are breath tests for alcohol and oral fluid tests for drugs. The powers to conduct these tests are set out in sections 9 and 10 of the Road Traffic Act 2010. Section 10 deals specifically with roadside checkpoints, that is, pre-planned checkpoints where gardaí can stop and check any motorists passing through. Section 9 deals with all other circumstances where gardai may conduct these tests.

Where a garda makes a requirement under section 9 or 10 for a person to supply a specimen for testing, it is an offence for a person to refuse or fail to provide the specimen. Amendments to section 22 of the 2010 Act made in 2023 allow a person to offer a defence of a special and substantial reason for refusal or failure to comply with such requirements under sections 9 and 10.

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