A new plan to allow nurses take blood and urine samples from suspected drink-drivers has not been signed into law more than eight months after enabling legislation for the measure was passed.
The Department of Transport is concerned at the shortage of doctors currently available for the task of taking samples at Garda stations which do not have an intoxilyser machine. There are just 64 such machines available across the Republic, roughly two for each Garda division.
The problem is understood to have become more acute in recent months due to the increase in the number of arrests for drink-driving following the introduction of mandatory alcohol testing in July 2006.
The Minister of Transport Martin Cullen identified the shortage of doctors available for this task as a problem last year in a debate in the Seanad. "Given the increase in detections resulting from the introduction of mandatory alcohol testing, it is likely that this problem will become more significant," Mr Cullen told senators during a debate on the Road Traffic and Transport Bill 2006, last October.
He said the new provision would ensure that there was a greater number of medical staff available for taking samples. The Road Traffic and Transport Bill, which was brought forward to correct two typing errors in the 2006 Road Traffic Act, also legislated to allow nurses to take samples from suspected drink-drivers.
A senior Garda source told The Irish Timeslast night that areas where the shortage of doctors for this role were particularly acute included north Dublin and Navan, Co Meath.
"Navan hasn't got an intoxilyser. So after an arrest, gardaí either have to try and get a doctor or, and this is what usually happens, travel to Kells or Trim [Garda stations] to use their intoxilysers.
"If that happens, it's two officers off the road in Navan. On some nights this might be the only car available to patrol in Navan. But it is quicker and easier than waiting for a doctor." North Dublin has serious problems too, particularly in Balbriggan, he added. Gardaí have three hours to take a sample from the time a suspect is brought into custody.
He said some rural areas also have problems, where some local GPs shun the task. "They don't want to meet their own customers in a Garda station. What is more likely is that you will have an on-call doctor who is not familiar with the process. Sometimes this can lead to problems like the samples will leak.
"And if it's an on-call doctor, they could be dealing with medical issues and don't want to get involved with drink-driving," the Garda source added.
When asked about the reasons for the delay, a Department of Transport spokeswoman said the regulation allowing nurses to take samples would be signed into law as soon as a number of administrative changes were completed by the Garda Síochána.
She said this included the identification of nurses in the areas near the Garda stations where they were required. Neither the Garda or the department were able last night to provide a list of areas where the shortage of doctors available to take blood or urine samples from drink-drivers is causing problems.
Annette Kennedy, director of professional services with the Irish Nurses Organisation, said her organisation has not been contacted by either the Garda or the department in relation to the project. "It hasn't been mentioned to us, and they would have to if they wanted to get in contact with nurses," she said. Kennedy added that training would be required before nurses could participate in any such programme.
According to the Medical Bureau of Road Safety's latest annual report, more than 14,000 samples from drivers suspected of being over the alcohol limit were tested in 2005. Of these, 4,138 were blood and urine samples.
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