Dermot Ahern (Louth, Fianna Fail)

I do not have a copy of the Constitution to hand but a separation of powers between the courts, the Executive and the Oireachtas is clearly indicated in the Constitution. By making criminal laws retrospective, in effect this is an interference in the power of the courts to hand down judgments. This is an infringement of the Constitution and also a possible infringement of a person's constitutional right under Article 38.1: "No person shall be tried on any criminal charge save in due course of law". This means the law at the time when he or she was charged. This is a double-whammy, so to speak.

The Senator may argue that we are changing decisions by means of this legislation but this is not the case. We are giving the courts the opportunity to revisit in exceptional circumstances but it is entirely a matter for the courts and is not any action or omission on the part of the Oireachtas that is changing a judgment previously handed down. This is something the Oireachtas cannot do because of the separation of powers under the Constitution. This Bill proposes giving the ability to the courts to revisit their own decisions. The Senator is proposing that the Oireachtas allow a situation where previous decisions can be overturned and this is not possible.