Harney signals new law for breath testing

Legislation would be required for the introduction of random breath testing, Tánaiste Mary Harney told the Dáil.

Legislation would be required for the introduction of random breath testing, Tánaiste Mary Harney told the Dáil.

She said yesterday that the Government was anxious to provide the Garda with all the powers required to deal with the matter.

"There were and are constitutional issues. However, there is a way to deal with the matter which the Attorney General has advised will be within the spirit of the Constitution.

"The Minister for Transport will bring forward legislation as quickly as possible," Ms Harney said.

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Pressed by Labour leader Pat Rabbitte to give a timescale for the introduction of the legislation, Ms Harney said the Minister wished to have it before the House before next summer.

Earlier, Fine Gael leader Enda Kenny said that they had been informed prior to Christmas that such testing was unconstitutional.

Mr Rabbitte said the public and members of the House were entirely bemused by developments on Wednesday, when it emerged that random breath testing was now apparently deemed consistent with the Constitution, given that prior to Christmas the advice was to the contrary.

"It begs the question whether it was necessary for the tragic carnage that has happened since Christmas to bring some urgency to the matter and to produce clarity of legal advice," Mr Rabbitte said.

Michael O'Regan

Michael O'Regan

Michael O’Regan is a former parliamentary correspondent of The Irish Times