Dáil Éireann - Volume 213 - 15 December, 1964
Private Notice Question. - Road Traffic Act, 1961.
Mr. M.J. O'Higgins Mr. M.J. O'Higgins
Mr. M.J. O'Higgins asked the Minister for Justice if he has considered the decision of the High Court that part of section 49 of the Road Traffic Act, 1961 is unconstitutional; if he will indicate what is the position in respect of (1) pending prosecutions for drunken driving, (2) persons serving prison sentences, and (3) persons disqualified for driving, on conviction by the District Court of the offence of driving while drunk; and if he will generally make a statement on the matter.
Minister for Justice (Mr. Lenihan) Brian (Snr.) Lenihan
Minister for Justice (Mr. Lenihan): The only account that I have seen so far of the High Court decision was published in newspapers on Saturday, 12th December.
 I have thought it proper to order the release of two persons in custody for offences of the kind mentioned in the question without waiting for the outcome of the appeal from the High Court decision which the Attorney General has applied to have heard at the earliest possible moment.
Dáil Éireann 213 Private Notice Question. Road Traffic Act, 1961.