Eugene Regan (Fine Gael)

This new defence was discussed in great depth in the Seanad when the Bill was initiated. I have not tabled an amendment or mentioned my opposition to the provision at this time, but I reiterate a point I made during the first debate on the Bill in the Seanad. The jurisprudence in this area changed in the United Kingdom as a result of two cases, that is, Reynolds and Jameel. They were very particular cases. In the Jameel case the decision was spilt. We are basing this defence on UK jurisprudence when the jurisprudence in Irish courts has not yet been decided.

It is an error to legislate at this juncture on this area when matters are still before the Irish Supreme Court, and it would have been preferable to leave it to the courts to refine the law in this area rather than to legislate for a defence that is of a rather crude formulation. We will have to see how it is interpreted by the courts, but it will give rise to a lot of litigation and will create many problems, not least for parliamentarians.