David Norris (Independent)

The last remark by the Minister of State is the most effective part of the argument, particularly if certain elements of the matter are sub judice. I suggest that Senator Henry does not press the amendment so that it can be reintroduced on Report Stage, when the Minister might perhaps be in a position to provide further clarification. There is a substantial difference between amendments Nos. 28 and No. 26. Senator Henry and I are not seeking to allow somebody to write a letter to the Minister; anybody can do that. We are proposing that the person whose rights have been vitiated has the right to apply to the court for it to set aside the conviction. That is different. It is a legal entitlement and provides an extra right. It gives the citizen the right of enforcement. That is why it is important that the Minister of State considers amendment No. 28, in particular. I hope it will be reconsidered for Report Stage.

The Minister of State underlined the reason for our concern when he said that acceptance of amendment No. 28 would restrict the Government's right to advise the President. That is good. He is saying that there might be circumstances where the Government would not act. The Minister of State is shaking his head, so I had better allow him to respond.