Oireachtas Joint and Select Committees
Wednesday, 25 June 2014
Joint Oireachtas Committee on Justice, Defence and Equality
Justice and Home Affairs Council: Discussion
11:20 am
Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source
I take the point Senator Zappone is making. One could also say that we have put elements and sections that address that issue into the legislation. That is precisely the argument that will be decided by the courts. I will be in a better position to deal with those issues once the Attorney General and the Department have concluded their examination of the legislation keeping in mind the recent European Court of Justice decision. Clearly, there will be ongoing developments in this area and issues to be decided as regards constitutionality. It is a very current debate and judicial issue given the directive and our legislation. Our legal advice at the moment is that the Act still stands in the absence of any High Court ruling to the contrary.
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