A CABINET minister has angrily lashed out at an "implication" that Justice Minister Alan Shatter had been drinking on the night he failed to complete a breath test.

Mr Shatter is facing a motion of no confidence tomorrow in the wake of a series of controversies, including his admission he didn't complete a breath test because he was asthmatic.

He says he was waved on by gardai after being unable to complete the breath test because he was asthmatic.

He also said he told gardai he was on his way home from the Dail and hadn't been drinking that day.

Labour Party ministers firmly backed Mr Shatter yesterday ahead of a Dail debate on his record.

Communications Minister Pat Rabbitte dismissed what he described as an "implication" about Mr Shatter's breath test in Dublin city centre five years ago.

"The implication that, for example, he might have drink taken on the night; nobody can support that because it's not true. He didn't have drink taken," Mr Rabbitte said on RTE's 'The Week In Politics'.

"If he was quoting the constitutional privilege coming from the Dail, he wouldn't have stopped at all. That's another canard that has been let loose," he added.

Mr Rabbitte said Mr Shatter would publish any garda record of the incident. "If it exists, I am sure he is quite willing to do that," he said.

A government source said Mr Shatter's record in Justice, "as both reformer and legislator", is impressive and will be outlined clearly during the Fianna Fail confidence motion.

"He has done more in two years than Fianna Fail justice ministers did in the previous 10, including recently overseeing the passage of ground-breaking personal insolvency legislation," the source said.

Tanaiste Eamon Gilmore stood over Mr Shatter's account of the breathalyser incident.

SUPPORT

"Minister Shatter is doing a very good job as Minister for Justice and Defence and he has the full support of the entire Government and the two parties in Government.

"He's already made a statement, he's given an apology, he's said he's sorry. He explained the issues that have arisen and he has the full support of the two parties in Government," he said.

Mr Gilmore also said he was not concerned by the latest opinion poll showing Labour still at 11pc. "We're not even half-way through the life of this Government yet. As we know from past experience, mid-term opinion polls are no predictor of electoral outcomes in real elections," he said.

The opinion poll in yesterday's 'Sunday Business Post' showed support for Fine Gael and Fianna Fail level at 26pc.

It was the first time in five years that Fine Gael has not been ahead in a Red C poll.

The opinion poll showed support for Fine Gael down two points to 26pc, while Labour is unchanged at 11pc. Fianna Fail gained one point to 26pc, while Sinn Fein is unchanged at 16pc. Independents are up one point to 21pc.

Irish Independent