§ Mr. Peter Walkerasked the Secretary of State for the Home Department whether he will make a statement to clarify the position as to providing evidence to the court that the breathalyser equipment used by the police is equipment that has official approval.
§ Mr. Callaghan:As the House is aware, my predecessor approved, for the purposes of the Road Safety Act, 1967, the breath-testing device known as the Alcotest, a sample of which was placed in the Library of the House. The police were notified of this approval in a Home Office circular dated 18th July, 1967, and a copy of this circular was also placed in the Library. A printed statement that the device is approved by the Secretary of State appears on the lid of the container in which the device is supplied to police forces. So far as I am aware members of the public have been left in 280W no doubt that the device being used by the police was approved by my predecessor.
I understand that an appeal is pending regarding the issue to which the hon. Member refers. I have decided however, in order to allay any doubt in the meantime, to make a fresh approval of the Alcotest device for the purposes of the Act by means of an order which will be printed and placed on sale by Her Majesty's Stationery Office. The printed copies will be admissible in evidence under the Documentary Evidence Acts, 1868 and 1882. The order will apply to breath tests required or offered under the Act subsequent to the date of the order. Earlier cases will be covered by a senior official of the Home Office providing, if required, a written statement of evidence for the court, in pursuance of Section 9 of the Criminal Justice Act, 1967, that my predecessor's approval was given to the Alcotest device.