Ahern says random breath testing is legal

Random breath testing is legal and constitutional and will be introduced, Taoiseach Bertie Ahern confirmed to the Dáil.

As the Fine Gael leader Enda Kenny described the Government's record on road fatalities as a "dismal failure", Mr Ahern said that "driver behaviour" was an issue.

"It is regrettable that it is an issue of 'Big Brother' to stop people looking after themselves, but if that's the way it is, then the Government has to follow that with tough measures that will inconvenience the general public, not only those who break the law."

Mr Ahern acknowledged that the technology in getting the full penalty points system operating had been slow to get off the ground, but the five offences on the system would increase to 35 and further details about the breath testing would be announced today.

He said there had been much debate about the constitutionality of random breath testing.

"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 added that the Garda Commissioner had been informed in the past few days about the decision.

"It is not that it is unconstitutional. It is not a position that you can just stop every single vehicle, every single day.

"That is not considered to be a fair way of applying the law, but if it is used in a random, fair means basis, that will put some fear into drivers, who in many cases don't care about this. The attorney's advice is that we can do it and that's the way we will proceed."

Mr Kenny had said the Minister for Transport had promised new legislation for random breath testing and speed cameras, but it was not on the legislative list for the new Dáil term, and that gardaí were using speed cameras as money-generating exercises on the outskirts of of towns.

Mr Kenny said that "driving behaviour is down to each individual, but if there is a lackadaisical approach and if individuals assume or perceive that they can drive over the speed and drink limit and with drug substance abuse, they will do so."

Mr Ahern said there would be new legislation, but this was not the main issue, as there were huge amounts of road traffic legislation in place.

He said it was not a "willy-nilly approach that cameras are stuck anywhere, but on crucial areas around the country".

The Taoiseach acknowledged that the road deaths carnage was disappointing and disturbing. The target to reduce road fatalities to 300 by the end of 2006 was difficult to achieve, given the 374 deaths in 2004 and 399 in 2005.

"There is no doubt that the technology was slow to get off the ground, but 31 new offences are being added to the penalty- points system and fixed charges applying to 60 offences."

He said that deaths and injuries in road traffic accidents were too high, but he pointed out that the figures for road deaths in 1998 were higher than they are now.

In 1998 there were one million vehicles on the roads and there are now two million vehicles.