Brian Lenihan Jnr (Dublin West, Fianna Fail)

——of special courts under Article 38 of the Constitution, a matter that people expressly envisaged when they enacted the Constitution in 1937. Therefore, that is not an emergency court either.

Deputy Ó Caoláin raised concerns about legislation of this character and referred to the more than 60 years of emergency law which he maintained perpetuates the conflict. The legislation has been in force since 1939 as part of the ordinary legislation of the State. It is there to protect the State and the existence of the State against those who deny its legitimacy. That is something that any independent Irish State is entitled to do. Of course, we can look at the details of it — that is what the Hederman report has done — and proposals can be brought forward. I dispute the suggestion made by Deputy Ó Caoláin and Deputy Ó Snodaigh that it requires an act of faith to enact this resolution. The Oireachtas made a considered determination in 1998 on what was required. This resolution is purely for the purposes of extending that for a further year.

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