Michael McDowell (Dublin South East, Progressive Democrats)

The sentencing provision rather than the crime is important in this regard. It must be established whether a person is in possession of drugs. The value and consequences of these drugs are different matters. Just as I did not believe in respect of the 1935 Act that the cards should be handed to the accused in these matters, I do not believe it should be open to somebody who is carrying cocaine worth €3 million to deny knowledge of its value. As Deputy Howlin will be aware, the legislation now prevents that issue from arising. On the question of whether the CC case has constitutional implications in respect of the matter, the issues are not wholly unrelated but they are first cousins at best.

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