Alan Shatter (Dublin South, Fine Gael)

I support what has been said and wish to draw another issue to the Government's attention. If the Government truly believes this legislation to be urgent, is it aware that if the Bill goes through in its current form, it is inevitable that its coming into full force will be delayed for an extended time for one of two reasons? The first possibility is that it will be referred by the President under Article 26 of the Constitution for consideration by the Supreme Court because of grave concerns regarding the constitutionality of certain aspects of the Bill. Does the Government intend or wish that there be such referral? Second, in the absence of such referral it is absolutely inevitable that the very first prosecution taken under this legislation will result in a constitutional challenge that could block use of this legislation for 18 months to two years, while the constitutional issues are being dealt with in the High Court and Supreme Court. Moreover, it is possible that it could even find its way before the European Court of Human Rights.

The Government should recognise that Members have a duty to scrutinise legislation to ensure it is constitutionally viable and appropriate. In the circumstances, this House should be allowed to do its duty and to process properly this legislation in a manner whereby the individual sections are fully teased out and constitutional issues that are of serious nature are addressed, so as to ensure the legislation is fully effective and the gangs that all Members wish to see put behind jail doors are properly and fully prosecuted in a manner that is not open to constitutional challenge.

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