John Perry (Sligo-Leitrim, Fine Gael)

The statutory instrument is not an Act, it is a catch-all measure. This comes back to Kennedy and the Attorney General. It is regrettable that we did not include all the orders in this Bill. We are talking about 1972 and a statutory instrument is not an Act of the Oireachtas. There is no debate on the impact of this and for every action there will be a reaction.

Deputy Durkan spoke on the matter and clearly established the possible risks involved.

One must consider the retrospective nature of Government action on many issues in the past. In the case of illegal charges on the elderly the Government raised the Statute of Limitations. Originally, the Minister for Health and Children, Deputy Harney, came here with a regulation that the measure would apply retrospectively only for a month. That was proven unconstitutional and the President would not sign it into law. It was then overturned and made apply retrospectively for a six year period. How is the Statute of Limitations qualified in this legislation? Perhaps the Minister of State might explain how the Government indicated, on the basis of the Statute of Limitations, that the repayments to those charged illegally could apply retrospectively only for a six year period, even though the case went back 25 years.

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