Dáil debates
Thursday, 29 March 2007
Criminal Justice Bill 2007: Committee Stage (Resumed)
12:00 pm
Michael McDowell (Dublin South East, Progressive Democrats)
I do not want to speak for the Attorney General, as I do not know his precise opinion on the matter, but I have always been a supporter of the minority in the Kenny decision. With respect, the majority was wrong. This is my personal viewpoint. It seems that the best course of action would be to re-argue the case before the Supreme Court on some proper set of facts or to hold a constitutional referendum on the matter. People do not like holding such referenda if they have not exhausted possibilities.
It is to be noted that prior to the 1996 bail referendum, an effort was made to revisit the O'Callaghan case on the granting of bail in the Supreme Court to determine whether the court was adhering to the old opinion on the matter.
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