Pat Gallagher (Donegal South West, Fianna Fail)

When this issue was debated initially there was a question mark over whether we could do this or whether it would be constitutional to do so. Our advice now is that to do this, such testing must be prescribed and authorised by an officer of the rank of inspector or chief superintendent. This requirement is to circumvent the danger that existed at all times, namely, the suggestion that it was a case of big brother looking on and that it was unconstitutional. I attended meetings at which this issue was discussed. I am advised by our legal people that what is proposed is the one way that this can be addressed. At some time in the future someone may test the constitutionality of this legislation but we believe this provision will ensure it is watertight.