Derek McDowell (Labour)

We will find that out in the Supreme Court. It is a matter for the Director of Public Prosecutions. The Latin maxim is "nemo debet bis vexari pro una et eadem causa", which means that a person should not be troubled twice for the same matter. This may or may not come to their aid. However, somebody who has not been troubled at all for what he or she has done is hardly in a position to talk about his or her natural rights when somebody in the other situation is in a similar position.

Senator O'Toole asked about the common good and whether common sense does not enter into the matter. I do not want now to be seen to be anticipating what happens in the Supreme Court. However, since it is undoubtedly the case that every act of sexual intercourse with a child constituted an act of sexual assault, it is certainly arguable at the very least that the common good requires that the use of a non-existent section to prosecute that person should not act as a complete absolution for that offender. I will not go further as people might say that I am trying to argue the case to be heard in the Supreme Court in this House, which I do not intend to do.

Somebody who has served a few years of a life sentence still owes society a grave debt if the life sentence was a just sentence for what that person did. I do not believe the result of all this is that society must write off all its debts while offenders can be absolved of all their debts to society at the same time.

It has been suggested that I was defensive, pugnacious or whatever here today. I find one aspect of my membership of the other House slightly frustrating. Perhaps I will join the Senators one day in this House.