Dáil debates

Thursday, 21 November 2013

12:20 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent) | Oireachtas source

I agree with virtually everything the Tánaiste said. It is a complex issue that the Oireachtas needs to address. The Tánaiste is very familiar with the case and will know, therefore, that both Tom and Marie have asked that guidelines, issued by the DPP, be put in place, probably with legislative backup from the Oireachtas. The DPP could provide guidance on what is considered a qualifying case where a penalty would not apply. The UK DPP has such guidelines already in place. We need them here very quickly.

I agree that we cannot talk about the current case. However, we should be able to debate this subject while the case is proceeding. We have no idea how long it will take. It is the first case of its kind in the country and could take a very long time. I and, I am sure, the Tánaiste would hate to have to meet anyone in Tom Curran's circumstances to explain we were not able to change the law in time.

As a reasonable input to any Oireachtas debate, an expert report might be very useful. It seems an expert report could be produced quickly and in a way that would not interfere with the current case before the courts. I ask the Tánaiste to consider commissioning an expert report, to be concluded reasonably quickly, that we in the Oireachtas could use to inform our debate on changing the legislation on this matter as soon as possible.

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