Enda Kenny (Mayo, Fine Gael)

The Tánaiste generally speaks with greater clarity than the Taoiseach. As she is in command of the ship of State today, I have a number of questions. Before Christmas the Attorney General advised the Government that random breath testing was unconstitutional. Subsequently, the Taoiseach said everything was constitutional and legal. Yesterday he gave a reply which one would require a PhD. in advanced English to decipher. Based on the advice the Government was given before Christmas and the current position, are the gardaí entitled to conduct random breath testing or can it happen only after legislation has been passed? There is great confusion about this.

The Attorney General also advised the Government in respect of the Minister, Deputy Roche's, emergence from the Wicklow hills to take on Sellafield and have it closed down. He advised that the Minister should bring this to the United Nations. The European Court has said the Irish Government was wrong and the Minister, Deputy Roche, now intends to take the European Commission to court. What is the Government's strategy for doing that and is there a timescale for the Minister to take on the European Commission on an issue of such great importance? Why did the advice of the Attorney General not stand up in these two cases? He advised going to the United Nations with the Sellafield issue but the European Court said he was wrong.

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