Brendan Howlin (Wexford, Labour)

I would like to comment briefly on this important set of amendments without prolonging the debate. A coherent case has been made. The Minister has given a reasonable response on his ability to carry this bomb on board the aircraft. There is disbelief among the general public that we cannot structure the legal system in a way that ensures glaring wrongs can be avoided. People who self-evidently should be held accountable are not being held accountable because of problems with the hour of the day or the geographical location, or because some dot or comma is not right. I appreciate that the learned judges in this country's higher courts do an extraordinarily important job in protecting the constitutional rights of every citizen. It seems that their work sometimes involves a point of intellectual debate rather than a point of justice, however. I do not think people in general understand that the law takes priority over justice. As most of us are not trained lawyers, which is a good thing, we struggle to craft decent law — to steer the juggernaut — in a way that makes eminent sense, is supported by the bulk of the people and, above all, is just and provides justice.

We will not do so today and I do not wish to prolong the debate, but there are compelling issues that must be addressed. It is not acceptable to wait for another vehicle such as a case stated before the Supreme Court. We must find a better way of doing it. It might be an effective job of work for an incoming justice committee to examine this with officials from the Department of Justice, Equality and Law Reform and external legal opinion such as the Hogan group.

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