Michael Noonan (Limerick East, Fine Gael)

A series of sections, from section 53 onwards, limits the rights of people to proceed as I have suggested. I ask the Minister to give us more insight into the thinking behind those provisions. I am not sure where they have come from. I am not too sure where the Bill as a whole has come from. According to the explanatory memorandum, section 64 provides for the "limitation of certain rights of appeal to the Supreme Court", section 63 provides for the "limitation of judicial review" and section 62 provides for the "limitation of operation of section 61". I just do not get it, to use a colloquialism. I do not understand why the Minister feels it necessary to do this.

Quite frankly, I cannot see how these provisions are in accord with the Constitution. It seems that the Minister is relying on the preamble, which is an extraordinary piece of writing in its own right, to ensure their constitutionality. It refers to "a serious disturbance in the economy" and claims these "measures are necessary to address a unique and unprecedented economic crisis which has led to difficult economic circumstances". It mentions a "serious threat to the stability of certain credit institutions". Such a recital of how bad things are has been included to justify this emergency legislation. I do not think the preamble, extensive as it is, justifies this approach or protects the Minister from constitutional challenge to his efforts to limit the right of citizens to access the High Court or the Supreme Court on appeal. I cannot see how it does not infringe on the separation of powers. I would be glad if the Minister could give us some insight into it.

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