Dermot Ahern (Louth, Fianna Fail)

-----and hope that the Supreme Court, in an Article 26 reference, might see it right on the night or, alternatively, allow the legal eagles down in the Four Courts to pick holes in it. We must copperfasten any legislation we pass. The Government must accept the advice of the Attorney General on the basis that it is given based on his knowledge of the law, precedent and the Constitution. The Government cannot decide to second-guess his advice and reject it, thus running the risk of exposing the taxpayer to a substantial charge on the Exchequer in the event that we get it wrong. The advice is the fail-safe and this was the case when Senator Regan's Government was in office for many years. I do not accept his contention that this is a policy choice. It is not a policy choice but one based on the legal advice of the Attorney General and on nothing else. If it were merely a policy choice, we would make a decision based on what our hearts, rather than our heads, would say.

Senator Regan has not answered the difficulties that arise and merely states the provision is procedural and that it is a facility to allow a court to reopen a case. It is, in effect, prejudicing those people who have already been acquitted by the courts.