Michael McDowell (Dublin South East, Progressive Democrats)

I will not comment on a decision that is to be the subject of an appellate process. The decision on whether to provide information requested is primarily for the person having carriage of the prosecution, the Director of Public Prosecutions. He is the person in charge of a prosecution and it falls to him to decide what information is supplied or what facilities for examination should be granted to the defence in any case. I do not issue directives to the Garda Síochána as to how it should conduct cases or the examinations it should carry out in response to solicitors' requests. That is a matter for the DPP, who is independent. It is not my responsibility.

As far as I know, the intoxilyser equipment works perfectly well and if people want to test it, the extent to which they are free to do so is a matter to be determined in the context of a criminal prosecution between the solicitors acting for the accused and the Director of Public Prosecutions. I am sure the gardaí will abide by any directions they get from the Director of Public Prosecutions as to whether the machine should be examined, dismantled or made available to others. It is a matter for the DPP and for the courts, including the judge in a case and any appellate court, to decide if that is a legitimate request to make and the extent to which the State is obliged to provide facilities for the second guessing of the machine and its technical examination and testing by independent witnesses.

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