Paul Bradford (Fine Gael)

I listened with interest to the Minister's comprehensive reply and noted that he dwelt on the phrase "the constitutional framework" which underpins our body of law. Reference was made to Article 15.5 of the Constitution which reads, "The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission". Our request that this legislation apply retrospectively would not breach Article 15.5 because we are not asking for something to be declared an infringement that was not previously an infringement.

The Minister also referred to Article 38.1 which reads, "No person shall be tried on any criminal charge save in due course of law". While I am not a constitutional expert, I suggest a move to have this law applied retrospectively would not breach Article 38.1. Will the Minister outline clearly the section or statement in the Constitution that prohibits him from making this legislation retrospective? I respect what he said about the advice presented to him by the Attorney General. However, will he confirm whether there is a constitutional bar in making this legislation retrospective? If retrospection is constitutionally barred, what section of the Constitution deems it repugnant? Is the Minister just working on the basis of advice given by the Attorney General which is a compilation of his views and legal traditions, etc? My contention is there is no constitutional provision which would disallow or debar us from making section 8 retrospective. We can, obviously, have different political views as to whether there should be retrospection. However, in order to determine the issue, will the Minister tell us whether it is constitutionally repugnant? If it is, there is obviously a section in the Constitution which deems it so. Will the Minister advise me on whether there is such a section?