Labour AM excluded for breath test failure
AN ASSEMBLY Member has been excluded from the Assembly for two weeks after failing to give police a breath test.
Rhianon Passmore, Labour AM for Islwyn, was convicted of failing to provide a sample of breath. She was fined £1,000, told to pay a £100 victim surcharge and £620 costs, and banned from driving for 20 months.
The incident took place on September 23, 2017, and she appeared in court in February.
In her statement to the Commissioner for Standards, she said that on the previous Friday she had left the Assembly at 7pm.
She left her car in the Assembly car park and met a friend in Cardiff, where they had dinner. Ms Passmore had two or three glasses of wine.
She went back to the Assembly to collect her car and was due to travel to England, where she had a prebooked trip and a hotel which was already paid for.
In March, after the conviction, she referred herself to the Commissioner for Standards and gave the following statement: “I left my car in the Assembly car park, took a taxi into Cardiff to attend a pre-arranged meeting with a friend.
“We talked about some important issues and consumed a meal and possibly two or three glasses of wine.
“I made my way back to the Assembly to collect my car but on the way I suffered an asthma attack. I suffer from chronic and acute asthmatic exacerbations and on reaching my car I took emergency medication which I carry with me...
“I decided to drive to my mother’s house but in St Mellons my car broke down. I pulled into a layby and phoned the AA. The car would not start and this was verified by the independent garage.
“While I waited for the arrival of the AA, the police arrived. The police asked me to give a sample of breath; I tried but was unable to do so. I was arrested and taken to the police station where I was asked to provide a sample of breath for analysis. Again I tried but was unable to do so”
The Commissioner for Standards confirmed it was a breach of the Code of Conduct for Assembly Members and her conduct had brought the Assembly into disrepute.
The Standards Committee has met twice to discuss the case and has recommended a two-week exclusion, starting on the first day back after the summer break.
Ms Passmore wrote to the Commissioner and said: “I deeply regret that I have breached the code in this way and wish to offer my sincere apologies for doing so.
“I do not know why I was unable to provide a sample of my breath. I did not intentionally fail to do so and it may be that my asthmatic condition was a contributory factor to my failure.
“During the process I was very distressed and this was exacerbated because, despite my condition, I could not access my medication. When my asthma medication was eventually offered, I was prevented from taking the required and necessary dose.
“I believe this and the fear of my condition being left untreated and in addition to being in shock after the attack strongly contributed to being unable to provide a sample as required.”