Brendan Howlin (Wexford, Labour)

I welcome the Tánaiste's thoughtful response and his commitment to reconsider the position. I am putting forward two separate propositions. The first of these is the actual constitutional basis of the provision. This goes beyond the notion of being able to provide an opinion as to future events as opposed to an opinion as to past or current facts, which are a different matter. However, that is not the point I am making. I am asking the Tánaiste to deal with an issue that arises on foot of advice I received from a distinguished senior counsel who stated that, on the face of it, the new provision seems to require the court to refuse an application where it has evidence of the prescribed opinion although a reasoned connection between that opinion and the refusal of bail to the applicant has not actually been established to the satisfaction of the court.

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