Joanna Tuffy (Labour)

I move amendment No. 7:

In page 6, to delete lines 2 to 4.

We propose this amendment to delete subsection (2)(a) of section 5. If there is a declaration of incompatibility by the courts, this subsection would seem to reinstate the validity of the provision being ruled incompatible by the court. The section is not necessary and my colleague, Senator Ryan, made a very strong argument against it. It implies that even though the provision has been ruled invalid, the State could continue to use the provision or the law concerned. This subsection is an overstatement of the position and is not necessary in the legislation. I ask the Minister of State for his comments.