Bertie Ahern (Dublin Central, Fianna Fail)

Deputy Kenny knows that any new legislation will not deal with the seven cases retrospectively. We cannot have retrospective legislation, which is my first point.

As the House is aware, the Supreme Court struck down section 1(1) of the Criminal Law Amendment Act. I said last Wednesday that I would check to see how many people are involved. Seven people are currently imprisoned as a consequence of convictions under that section. The Supreme Court decided on the C.C. v. Ireland & ors case, which was brought by someone who was not convicted of an offence. The case concerned a person who was charged with the offence but had not been tried. The Supreme Court decision did not, therefore, decide the legal status and position of convicted prisoners.

The issue has, however, given rise to the Article 40 application by Mr. A. This afternoon, Ms Justice Laffoy in the High Court found that Mr. A was not being detained in accordance with the law. Accordingly, she directed his release from detention in Arbour Hill Prison. The Article 40 proceedings were taken against the governor of Arbour Hill Prison. I am informed that the governor intends to appeal the case to the Supreme Court. As the matter is before the courts, I will not say any more about that particular case.

Deputy Kenny raised an important point that I want to address, that is, the fear and concern of parents, teenagers and children. It is important that some reassurance is given in respect of this issue. The striking down of section 1(1) of the 1935 Act does not leave a gaping hole in our laws.

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