Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I appreciate that. Finally, the test for exceptional circumstances is a core issue here. Perhaps Mr. Kelly will explain the Department's thinking on it, particularly regarding how it accords with paragraph 57 of C-215/06 and the definition of the Act in terms of meeting the three conditions set out by the Court of Justice of the European Union. Effectively, there are three conditions - that it does not offer the persons concerned the opportunity to circumvent the Community rules, it does not give them the opportunity to dispense with applying them and that it should remain the exception. It would be useful to know the thinking of the Department on this.