Brian Hayes (Fine Gael)

As the Minister of State correctly indicated, new offences are being created on foot of the Supreme Court ruling. As my colleague stated, there is concern that charges can only be laid once. Our amendment and the Government's proposal are exactly the same in that we both believe this could happen. All we are doing in our amendment is providing for the power to address the concerns. The Minister of State said that he believes the proposed option exists through existing practice, which I do not doubt.

It is important to note that the transcripts of this debate may be used in future in the Supreme Court or High Court to establish what the Oireachtas meant in the legislation. It is, therefore, essential that Senator Cummins's amendments were tabled and spoken to. Although the positions of the Government and Fine Gael are the same on this matter, the Government makes no explicit reference to the ability to charge in the alternative. The Minister is relying on practice but, given recent practice in the Supreme Court, we surely need to be suspicious of the practices that have developed.