Seán Sherlock (Cork East, Labour)

I move amendment No. 8:

In page 4, line 17, after "enactment" to insert "amended by or".

The purpose of this amendment is to provide clarity and avoid any constitutional difficulty in respect of the offences to which the section applies. Clearly, it would be legally improper to impose the new penalties on persons convicted after the commencement date for an offence committed before the commencement date. The European Convention on Human Rights expressly states that a higher penalty than the penalty enforced at the material time of the offence cannot be imposed on a person. This amendment will avoid any challenge based on this point by making clear that the new penalties will only apply to offences committed on, or after, the commencement date.

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