Dermot Ahern (Louth, Fianna Fail)

One person's definition of justice may differ from another's. Senator Bradford asked me to state where this issue is covered in the Constitution. I used the words "constitutional framework". The advice I have received from the Attorney General is that any attempt to allow cases in which there have been acquittals to be reopened retrospectively would involve a fundamental breach of the separation of powers. Although the Constitution does not contain the words "separation of powers", there is a long line of judicial authority to the effect that the Constitution is founded on the doctrine of the tripartite separation of the powers of government. That is why I used the phrase "constitutional framework".

Having regard to this doctrine, it is well established that the Oireachtas cannot alter or reverse a finding of the courts as in doing so, it would be trespassing on the judicial domain. I take some credit for the fact that I might become the Minister who has changed the time-honoured rule prohibiting double jeopardy. We cannot pass a law that has the effect of overturning existing acquittals. As I have said, to do so would be to trespass on the judicial domain, in effect. If we bypass the existing law, potentially we will change cases that have already been decided by the Judiciary. If we make it prospective, it is obvious that it will apply only to any offence that is committed after the date of the commencement of the Act. If a person is acquitted of involvement in an act that occurs after that date, a decision on whether the case can be considered for a second time can be made on the basis of judicial decision only. If we do it retrospectively, as proposed by Fine Gael, we will potentially change cases that have already been decided on by the Judiciary.