Brian Lenihan Jnr (Dublin West, Fianna Fail)

A case is pending before the Supreme Court on this issue. As I understand it, the provision under Irish statute law, which was deemed to be constitutional, was contrary to the provision of the convention. There is a conviction in issue and the entire matter is before the Supreme Court, where it will be examined in due course. I did not give an extensive textual exegesis on the amendment because the Minister would prefer to leave the matter until the Supreme Court clarifies the legal position. It is easier to draft legislation when the precise position is known.