Thomas Byrne (Fianna Fail) | Oireachtas source

Yes, but we do not make unconstitutional laws. We are already interpreting the law through this Government amendment. I was thinking of calling a vote on this but have decided not to as we do not want to stand in the way of the passage of the legislation in the interest of road safety. I have serious concerns that the Government or somebody in the Attorney General's office has suggested the provision might be unconstitutional, yet we are going ahead with passing the Bill. It is just very strange and seems to conflict with the established principles of constitutional interpretation and what we do here. As I said on Second Stage, we do not pass unconstitutional laws. Despite this, the amendment refers to a possible conflict with a constitutional right. What if we implemented a law allowing torture and included a provision stating that if it conflicted with a constitutional right, it would not be affected? What if we made a law to bring everyone into custody without trial and said that if it conflicted with the constitutional right of any person, it would be subject to such limitation as is necessary to ensure it did not conflict. The provision strikes me as really strange. It strikes me that somebody believes it is unconstitutional. At the last minute - this seems to have come up at the last minute - it was it was suggested that this amendment be tabled just in case. I do not know what effect it will have in the courts. If the section is unconstitutional, it is unconstitutional.