Liam Fitzgerald (Fianna Fail)

I do not see much difference between subparagraph (ia) and the wording of the proposed amendment and have few quibbles with Senator Tuffy's comments, as supported and amplified by Senator Henry. All of us, including the Minister, approach this issue from the same perspective. My only reservation relates to the issue of crossing the line in terms of judicial independence, to which Senator Tuffy referred. The reference to "judges" in the amendment may create a difficulty. In elaborating on this issue, the Senator noted that the purpose of the amendment was to ensure the role of the Judiciary as opposed to individual judges is examined in an historical context. Nevertheless, I respectfully suggest, notwithstanding our anger and disgust, that particular sensitivity may be required to ensure the line is not crossed in terms of judicial independence and the role of the Judiciary at the time.

Senator Tuffy referred to the need to investigate the circumstances which gave rise to each individual case, an important requirement. The wording of subparagraph (ia) makes a significant contribution to addressing this issue in an historical and individual context, without referring to the decisions of individual judges.