'Due process should apply' in Fianna Fáil TD drink-driving probe, says Taoiseach

Micheál Martin said it was 'unacceptable that anyone would be drink-driving in any shape or form'

Malcolm Byrne: Fianna Fáil TD for Wicklow-Wexford was arrested in late May under suspicion of drink-driving while on his way to the airport in the early hours of the morning. File picture

Taoiseach Micheál Martin has indicated that there will be no Fianna Fáil punishment for TD Malcolm Byrne if a court prosecutes him for drink-driving.

Mr Byrne, a TD for Wicklow-Wexford, was arrested in late May under suspicion of drink-driving while on his way to the airport in the early hours of the morning. He failed a breathalyser test and opted to be brought to a garda station to provide a urine sample.

The Irish Mail on Sunday reported last weekend that this urine sample confirmed he was over the legal drink-driving limit, and he will appear in court in early November.

On his way into Wednesday’s Cabinet meeting, the Taoiseach said he was “not comfortable” with Mr Byrne’s actions and that it was “unacceptable that anyone would be drink-driving in any shape or form”.

“The standard precedent in this within the Oireachtas, pertaining to all political parties in the past, has been the courts should mete out the punishment to the individual and should be uncompromising in doing that,” said Mr Martin. “Due process should apply here.”

He added: “It will go before the courts, but I can't pre-empt what the courts may do. As I say, the precedent has always been that the courts take action in respect of these transgressions in relation to road traffic offences.”

Asked if Fianna Fáil would punish Mr Byrne in any manner, the Taoiseach said that he was “not aware of any case involving road traffic offence where action over and above what transpired in courts took place”. However, he said that Fianna Fáil will keep the matter “under review”.

Following his arrest, Mr Byrne said he was “co-operating fully with An Garda Síochána”, adding that “as the matter is ongoing, it would not be appropriate for me to comment further at this stage”. This was echoed by Fianna Fáil, with a party spokesperson saying it would “consider any developments in relation to this matter”.

Mr Byrne subsequently stood down from his role as chairperson of the Oireachtas artificial intelligence committee.

The TD’s arrest came just six months after his party colleague Michael Cahill was disqualified from driving for two years. The Fianna Fáil TD for Kerry was found guilty of dangerous driving on his way to a public event. 

The courts heard that Mr Cahill, of Rossbeigh, Glenbeigh, Co Kerry, overtook an unmarked garda car and was later observed driving “at speeds in excess of 190km/h and very close to 200km/h” while travelling southbound on the M8 near Mitchelstown.

• Louise Burne, political correspondent