Feargal Quinn (Independent)

I move amendment No. 1:

In page 5, lines 18 and 19, to delete subsection (2).

I welcome the Minister of State, Deputy Sean Sherlock. This is dangerous legislation. It provides that it shall be deemed to have come into operation on 5 December 2011. This is the first time I have seen an effort being made to introduce retrospective legislation and as such, I am sure it will end up in court. Today is 1 March and I presume Report Stage will be taken next week. As I note the Government has tabled an amendment which means the legislation will return to the Dáil, I assume it will be sometime later this month when the legislation will become law. However, its effect will be backdated to 5 December last year.

This legislation will end up in court. We cannot have a situation where legislation is passed in March but its effect is backdated to December. On that basis, a case must be made that this section should only apply from the day the legislation is passed, not 5 December last year. I do not believe the legislation will be upheld in court. I assume the Attorney General has said the Government can take a run with it and that, on balance, it should be upheld. However, that is a mistake. I urge the Minister of State to accept the amendment and pass the legislation with its provisions stipulating that it will come into effect on the day it is actually passed.