Dermot Ahern (Louth, Fianna Fail)

As the Senator is aware, heretofore an appeal could be made to a higher court to determine a point of law on a without prejudice basis to the person who was acquitted. What this procedure is bringing in is the possibility that it would be on a with prejudice basis. In other words, an appeal can be made in regard to an erroneous point of law which would then have implications because it is with prejudice to the position of the previously acquitted person. Owing to the requirement to ensure fairness of trial and in the interests of justice, we have inserted this clarification which has gained acclaim in both Houses.