Vol. 558 No. 5
325 Mr. Allen asked the Minister for Justice, Equality and Law Reform the steps he is taking to deal with the problem arising from the 50 actions being taken in the High Court on the constitutionality of the indexaliser system which has resulted in all drink driving charges being put in abeyance until the High Court hearing is heard. [25078/02]
I assume that the Deputy is referring to the EBT instrument which I am informed by the Garda authorities has been installed in 56 Garda stations. These instruments are being used in accordance with the Road Traffic Act, 1994.
There have been three High Court challenges heard in relation to the operation of the instruments. The cases all relate to the same contention, that sections 3, 17 and 21 of the Road Traffic Act, 1994, are unconstitutional and the calculation of the concentration of alcohol in section 17 lacks statutory foundation. To date all three cases have been successfully defended by the State in the High Court and there are approximately 45 cases pending.
I am further informed by the Garda authorities that these challenges have not prevented judges from dealing with prosecutions based on the EBT instrument and that, in many instances, such cases are being finalised before the courts.
