Brian Lenihan Jnr (Dublin West, Fianna Fail)

An execution warrant will have been made and an attempt could be made to judicially review it or if there was a fundamental defect in procedure, the jurisdiction of the High Court to order an inquiry under Article 40 could be invoked. If there was a fundamental want of process or procedure in the matter, the fundamental constitutional remedy to establish one's liberty is available to the person in question to invoke, as it is available to any person. In the absence of that, if the execution warrant is valid on its face, there is a presumption which entitles the State to hold the person concerned and judicial review proceedings would have to be instigated to set aside the valid warrant.