Joan Burton (Dublin West, Labour)
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Question 62: To ask the Minister for Transport the number of legal challenges to drink driving convictions which are under way following the successful case of seven drivers who had convictions quashed due to the absence of independent analysis of their breath specimens; and if he will make a statement on the matter. [12485/04]

Tommy Broughan (Dublin North East, Labour)
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Question 127: To ask the Minister for Transport the position in regard to the use of intoximeters by gardaí following the successful case of seven drivers who had drink driving convictions quashed after claiming there was no means of independent analysis of a breath specimen; if he has plans to allow independent analysis of breath specimens; and if he will make a statement on the matter. [12484/04]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 62 and 127 together.

I am aware of reports of a decision taken in the District Court relating to seven drink driving cases. It would be inappropriate for me to comment on a decision taken in the courts. I understand that there are at present 80 cases before the High Court relating to the operation of the evidential breath testing programme. The issues raised in these cases include the question of the availability of the option for an independent analysis of a breath sample. I understand that these cases will be heard later this month. I will consider the need for any action, including in the areas of policy, legislation or enforcement in the light of careful consideration of the outcome of the High Court cases.