Mr. Gary Tobin:

We have consulted with the Office of the Attorney General which takes a view regarding the constitutionality of legislation. Based on those consultations, our view is that the Bill's proposed interference with contractual law and property rights would be disproportionate and, therefore, unconstitutional. As the Senator knows, specific sections of the Constitution set out rigorous rights regarding personal property in Ireland. Those rights require any interference be viewed as proportionate. There are, of course, occasions when it is possible to interfere with personal property rights in Ireland. The marital home is one particular case in point. It is a question as to whether that interference is viewed as proportionate. Based on the discussions we have had with the Office of the Attorney General, we would not be of the view that this proposed interference is proportionate and the Bill is therefore likely to be unconstitutional.