Brendan Ryan (Labour)

In fact, it does not. When Senator Norris's case arose, we did not use the Constitution. Some people tried to argue that, but the view of the then Government and the then Fianna Fáil Minister was that it was nonsense. I believe it was nonsense. If somebody comes before the Supreme Court and obtains a ruling that what was done to them was done by legislation which is incompatible with the European Convention on Human Rights, our response is that we might give the person compensation but we reserve the right to continue to use it.

I would not mind if an attempt was made to ensure that some actions taken in the past could not be challenged. I might not agree with that, but I could understand it. However, it is brazen to say that it shall not affect the continuing operation. The item of legislation which the Supreme Court has interpreted as being incompatible with the European Convention on Human Rights will continue in force until somebody gets around to doing something about it. In the case of our constitutional law, once the Supreme Court decides that something is not constitutional that is an end to it and it cannot apply in the future.