Michael McDowell (Dublin South East, Progressive Democrats)

As my colleague, Deputy Brian Lenihan, pointed out yesterday on "Today with Pat Kenny", such a comprehensive declaration of the unconstitutionality of a criminal statute by the Supreme Court is extremely rare, if not unprecedented, in this country's history as an independent State. The first criminal case that was affected involved one of the appellants to the Supreme Court itself. That person's case had not even gone to trial before he invoked the appeal process. Public attention and my concern focused on the likely habeas corpus applications by people in custody serving sentences in this regard. I instructed my officials that we would not be unilaterally releasing any prisoners who thought they might benefit from the decision. I agreed with the Attorney General that any order for the release of such prisoners must be brought to the courts and opposed vigorously by every argument at the disposal of the State. Moreover, we agreed that we would appeal any High Court order in this regard made in favour of a prisoner who had been found guilty of defiling a young person under relevant legislation.

As I speak, the Supreme Court is preparing to hear the appeal by the State in the case of one such prisoner as to the validity of his release in relation to the decision made by Ms Justice Laffoy in the High Court last week. I do not want to cut across the case being made on our behalf before the Supreme Court but I believe it is a strong one. It is firmly based on the principles of justice and the concept that proven ill deeds must have real and proper consequences for the perpetrators involved.

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