A High Court judge has been told that a constitutional challenge may be taken to legislation enacted late at night in 1997 when the President was out of the State.
The 1997 Interpretation (Amendment) Act - provides, where old common law offences such as sexual and indecent assault were abolished, for the continuation of the previous operation of the law regarding such offences.
Mr Feichin McDonagh SC, for the Director of Public Prosecutions, yesterday told Mr Justice O'Neill he had received instructions from the Attorney General that a constitutional challenge to the Act may be mounted.
The Act amends and extends the Interpretation Acts of 1937 and 1993. According to Mr John White SC, the legislation was enacted in unusual circumstances when it became law late at night on November 4th, 1997.
It was apparently signed by a Presidential Commission in place of the President, who was abroad at the time. Mr McDonagh made the remark during legal submissions by Mr White, for Dr James Barry, who is seeking orders to prohibit the DPP from taking any further steps to prosecute him.
Dr Barry (75), of Lauriston Lodge, Glanmire, Cork, is facing 237 charges of sexual and indecent assault against 43 female patients.
He is claiming the offences of sexual assault and indecent assault were abolished by the Non-Fatal Offences against the Person Act of 1997 and that there has been such delay in prosecuting the matter as to prejudice his constitutional right to a fair trial.
Several of the women whom Dr Barry is accused of sexually and indecently assaulting have brought complaints against him to the Medical Council and a number have also taken civil actions against him.
The hearing will continue today.