Shatter: No file because I broke no law

Justice Minister Alan Shatter insisted there was no “disappeared” Garda report on the incident in which he was stopped at a drink-driving checkpoint because there was “no wrongdoing and the law was not broken”.

Defending his record in a Dáil motion of no confidence in him, Mr Shatter dismissed the “political circus” over the past two weeks and said he and his Government had “achieved so much” since taking office.

“The extent to which this matter grew legs and has been the subject of media comment and analysis has been extraordinary,” he said.

Giving his version of events that took place on Pembroke Street, Dublin, in 2008 or 2009, Mr Shatter said he was stopped, along with other motorists, at a checkpoint: “I informed the garda that I was on my way home from the Dáil where I had been working all evening, had consumed no alcohol and that I suffered from asthma. I was subsequently waved on.”

In response to claims he had not made a sufficient effort to complete the breath test Mr Shatter said he had “co-operated” with a request. “If I could have exhaled into the breathalyser, I would have done so. Why in the name of God would I not have done so if I consumed no alcohol?”

But both Sinn Féin and Fianna Fáil said Garda management should be asked to seek a report on the incident from the officers involved to ensure that it complies with his version of events.

Sinn Féin leader Gerry Adams said in a mandatory roadblock, a Garda report must be made of the checkpoint itself. He said if there was not a specific report of Mr Shatter’s exchange with gardaí at the time “there must be a report about what occurred at the checkpoint”.

“Can the commissioner not ask the gardaí involved to clarify this matter and seek a report from them?”

Fianna Fáil’s justice spokesman Niall Collins said Garda management should consult with the members of the force who were present at the time. “If a report wasn’t generated at the time it can still be generated today,” he said.

Mr Shatter said: “My department has been advised by the commissioner that the Garda Síochána have not been able to locate any such report and that no report was generated by the Garda member involved which, given that there is no wrongdoing at issue, is hardly a surprise.

“Consequently, no report of the Garda member could have disappeared as alleged.”

Assistant Garda Commissioner Gerard Phillips, who heads up the Garda National Traffic Bureau, said: “Thousands of incidents are recorded every week [on the Pulse system] and only a percentage of them are a crime.”

He also said the recent controversy on quashing penalty points has hindered public confidence in road safety enforcement.

Mr Shatter also reiterated his apology to the Independent TD Mick Wallace, for using Garda information against him during a television debate.

He said: “The commissioner never suggested I mention the incident without Deputy Wallace himself mentioning it publicly. So it is unfair for the commissioner to be the object of criticism.”