Thomas Byrne (Fianna Fail) | Oireachtas source

I hear the Minister's explanation but it does not actually explain the section. This section seems to imply that if the legislation is unconstitutional, we do not mean it to be such. It is like a just-in-case clause. If one were attempting to do what the Minister is attempting, one would state this section is not intended to affect any cases currently before the courts, or something like that. However, the amendment seems to point to possible unconstitutionality. It is almost an admission of this by the Government. I have mentioned this on Twitter and a few barristers have reverted to me on the possibility of its being unconstitutional.