Alice-Mary Higgins (Independent) | Oireachtas source

I accept the Minister's point in terms of emergency legislation in general. That is why we endeavour to have clarity. It is emergency legislation, but emergency legislation that is responding to that lack of clarity. That is why we were seeking to be constructive in trying to nail down that clarity.

I accept the point in terms of case law. It is important for the Minister to give that clear signal that it should, and I understand will, be in the power of courts to decline a request from the Minister if they do not believe it to be necessary and proportionate. I suppose it is an area where we need to keep watch to ensure that the case law is built in an appropriate way. Given the Minister's point, I am satisfied, as well as my colleague is, in terms of waiting to see how that unfolds.

The Minister might reaffirm for those listening that it is the case that that necessity and proportionality test, which we tried to apply here in the legislation, will be applied by the courts in relation to the Minister's requests.