Bertie Ahern (Dublin Central, Fianna Fail)

There are issues. Legal concerns have been raised with regard to the possibility of the introduction of a scheme of full random breath testing on an open-ended basis without any restrictions as to its operation. The advice given by the Attorney General allows for development of a scheme which will address issues of proportionality. The legal issue concerned how it could be proportional. It will require legislation to get the Attorney General's scheme in place. However, many other actions can and are being taken by gardaí. To nail the issue down so that we can deal with what is going on in the courts will require legislation.

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