Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I thank the Senators, on whose comments I have two points. First, in presenting this Bill for Senators' consideration, I am absolutely confident that it is constitutional and meets all the requirements and constraints that the Constitution confers on it. Second, the amendment is making explicit that nothing in the Bill shall in any way seek to interfere with a matter that is currently before the courts. We are seeking to recognise very explicitly the fact that there is separation of powers with independent judges and, within that system, appellants who can make any decisions they see fit on new or existing law. The purpose of this is to make clear that what is in this section does not in any way seek to impede any matter currently before the courts.

I suggest to Senators O'Donovan and Byrne that while I appreciate and accept totally the principled manner in which they address this, we seek via this amendment to make very clear this section does not in any way seek to become involved in or interfere with the separation of powers which is embedded in the Constitution, from which the Bill ultimately flows.