Thursday, 26 February 2004

Questions (52)

Phil Hogan


50 Mr. Hogan asked the Minister for Justice, Equality and Law Reform the purpose which lies in the decision to appeal a case (details supplied) in view of the fact that the Immigration Bill 2004 has been passed in acknowledgement of the legislative weakness in this regard; and if he will make a statement on the matter. [6361/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

The decision to appeal this judgment was taken in consultation with the Attorney General. The potential effects of the judgment itself go beyond immigration related matters. It has longer term implications for the Legislature in that it appears to rule out the possibility of legislating by reference to a text not appearing in the Bill in question. In addition, it has implications for cases which are currently before the courts.