Dáil debates
Friday, 2 June 2006
Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages.
2:00 pm
Michael McDowell (Dublin South East, Progressive Democrats)
With regard to transitional arrangements, the Interpretation Act is relevant if a section is repealed. For example, section 2 of the 1935 Act is to be repealed, and section 1 is already gone, as the Deputy will appreciate. Section 2 will be repealed by this Act, but it does not knock out existing prosecutions or prevent persons from being prosecuted with respect to past Acts.
There is a doubt with regard to section 2 of the 1935 Act arising from the decision given about section 1. It is a matter for the Director of Public Prosecutions. I cannot tell him to quash or stay existing cases. That is his independent function under our law. I cannot direct him in such matters.
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