Eugene Regan (Fine Gael)

Having clarity on this issue would obviate the need for protracted discussion on Report Stage. However, I fail to understand the Minister's argument. We are aware of the constitutional principle of the separation of powers and it is respected in this House or is endeavoured to respect it. The suggestion is that to abolish retrospectively the double jeopardy principle is to interfere with judgments of the courts. The fact is that interference and the abolition of the double jeopardy principle does just that in any event because it gives power to the Director of Public Prosecutions to bring a new trial to a new case against the person who has been acquitted where there is compelling evidence. Every appeal of the DPP invites the courts to change their views on a judgment. The Minister suggests it is an invitation to the courts to revisit their own judgments but that is in fact what would apply whether it is prospective or retrospective. The broad principle and notion of the separation of powers gets us nowhere with regard to this matter and is not pertinent as to whether the abolition of double jeopardy is prospective or retrospective.