Averil Power (Fianna Fail) | Oireachtas source

I understand this, but the Minister has explained the purpose of the amendment is to deal with court cases. He also stated there are things he has not thought of which we have not thought of that could be covered by it. This gives me the same concern as Senator Byrne as to whether there is an issue with regard to the legislation which is not clear to us, and the Minister or his officials have concerns that it could potentially be unconstitutional. The specifics the Minister has mentioned are fair enough, but the case he has argued could be made with regard to any legislation, that if it has unforeseen consequences which interfere with constitutional rights the people's rights will be upheld. The Minister's point would involve such a provision being included in every piece of legislation, when the only difficulty the Minister can think of is court cases. A specific issue with regard to a court case would be fair enough. Of course I want to see language which protects people's constitutional's rights but I am concerned, as is Senator Byrne, as to why it is necessary, whether we have been given the full story and why the Minister thinks it is a concern.