Dermot Ahern (Louth, Fianna Fail)

-----because they knew it would not be possible. In a very small way we are allowing for a reopening only in exceptional circumstances. It is something we should do very carefully and in a very considered way.

The Senator has asked what justice is and what is fair. We need to have due respect for the human rights of all people, including those who have been acquitted of very serious offences. Passing a law to look after those who feel aggrieved is not a way of proceeding just because we think it is the right thing to do and know in our hearts there are some very hard cases. One tampers with the principle of retrospection in criminal law at one's peril. No society which regards itself as democratic would allow a Government on a whim or because it had a large majority in the Oireachtas to change cases already decided just because it thought it was the right thing to do. The State clearly, validly and correctly has provided for a separation of powers between what the Judiciary does and what the Government or the Oireachtas does. That should remain the case. It would be a sad day for the Oireachtas if anything was done that led to a diminution of this.