Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

The issue here is clear. I welcome the Bill - the Minster of State knows that. The Government needs to deal with this issue properly because the intention of the Bill, as put forward by the Minister of State, is for it to apply retrospectively. In Bupa Ireland v. The Health Insurance Authority and Others Mr. Justice Murray stated: "Again, where the Legislature is enacting provisions, however sound the reasons for them may be, which have potentially serious implications for legal rights, including constitutional rights, of persons or corporations, one must expect that the intended ambit or application of such provisions will be expressed in the legislation with reasonable clarity." That relates to the retrospective nature of legislation. There has to be clarity. This has already been adjudicated on by the courts. I say as much because the legislation I drafted intends to be applied retrospectively just as this legislation does. However, this legislation does not state as much with clarity. Given the court rulings on previous occasions there is a serious question, to say the least, over the retrospective nature of it.

With that in mind, given that we are on Report Stage and the intention is that it would act retrospectively, the submission by Deputy Ó Laoghaire should be listened to and taken on board by Government.

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