McDowell’s directions to judges on random breath testing are totally improper – O’Keeffe

Fine Gael National Press Office Press Release

Leinster House Contact: Jim O’Keeffe TD

Dublin 2 Nick Miller Justice

Ireland 01 6183358 / 086 6992080

Friday 27th January 2006

EMBARGO SUNDAY

McDowell’s directions to judges on random breath testing are totally improper – O’Keeffe

Fine Gael Justice Spokesman Jim O’Keeffe TD has accused Michael McDowell of trying to interfere with the independence of the Judiciary by telling them how to deal with drink driving cases.

“Minister McDowell was this week quoted as urging judges not to ‘make a federal issue’ of proposed new legislation for random breath testing. The Minister has acted wholly improperly in trying to persuade judges to ignore possible constitutional issues arising from this legislation, and is setting a very dangerous precedent.

“The separation of powers between Government and the courts, and judicial independence is a cornerstone of our democratic system. It is carefully laid down in the Constitution to prevent governments from interfering with the independence of the Judiciary. Minister McDowell has once again shown his contempt for the Constitution – if the Minister has something to say to the Judiciary, he should do it through the proper, legal channels.

“There are many instances in other countries where the Government has tried to interfere with the Judiciary, and Minister McDowell should restrain himself from following in the footsteps of the likes of Robert Mugabe. The Minister either doesn’t know or doesn’t care where his Ministerial remit starts and finishes.”

“Furthermore, the new legislation must be properly prepared, fully debated in the Dáil and as watertight as possible. Last year Fine Gael called repeatedly for the introduction of random breath testing, but was told it was unconstitutional. All of a sudden random breath testing has become magically permissible, but no-one in the Government can explain why. The public has a right to an explanation.”