Michael McDowell (Dublin South East, Progressive Democrats)

One of the great aspects of having a computerised statute book is that someone such as Senator Cummins can stand up and assert with confidence that the phrase ne bis in idem does not appear anywhere else in the statute book. Ten years ago he would have been brave to state it but one can make such statements with far more confidence. I see the point the Senator makes. However, if we are to deal with unprecedented activity, I am told it would be unprecedented to incorporate a footnote in this way.

I will consider the matter between now and Report Stage. The problem is that ne bis in idem has a Rome Statute meaning. I am slightly wary of accepting a common law variant of it on the hoof. It is interesting to note that when we were in law school the word autrefois in the phrases autrefois acquit and autrefois convict was pronounced with a silent "s". However, a book by Glanville Williams states that in England the "s" is pronounced.