Michael McDowell (Dublin South East, Progressive Democrats)

If I explained that the Attorney General said it was possibly constitutional and possibly not, I would have a hard time getting the legislation through the House. Some people might suggest I should instruct the Director of Public Prosecutions to revisit this matter in a suitable case before the Supreme Court. If I were to go down the constitutional route, it would be quite difficult for me to include in the Constitution an exact or bang-on formula that would not have unintended consequences. While I am grateful to Deputy Jim O'Keeffe for raising this issue — I am not being negative — I am not sure it is appropriate to make this multi-section Bill, which has various purposes, a test bench for a constitutional proposition. I accept that personal beliefs might apply quite strongly in this regard, but I do not think we should put the whole Bill in peril of being knocked on the head by getting it wrong on this single issue. While my instinct is to encourage the Director of Public Prosecutions to revisit this matter, possibly via the Attorney General in a suitable case, I am concerned that suitable cases are not encountered very often.

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