Dáil debates
Wednesday, 10 December 2008
Constitutional Issues.
11:00 am
Eamon Gilmore (Dún Laoghaire, Labour)
The Taoiseach in his first reply to me said that all of the recommendations of the Sullivan report had now been implemented, which I welcome. The purpose was to avoid a situation where the Government finds itself flat-footed by a decision of the High Court, that the Government is apprised of cases coming down the track in the courts that could have constitutional implications or implications for the striking down of key legislation.
A number of procedures were recommended by the Sullivan report, including personal notification to the Attorney General of cases that have constitutional implications. There was to be a three-person expert committee to be established which would do some kind of risk assessment and there was also to be regular briefings by the Attorney General to the Secretary General to the Government. Is the Taoiseach aware of any significant cases currently in the courts that may have constitutional implications and may require, depending on the outcome, legislative changes? Are contingency plans being made by the Government in respect of any such cases?
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