Progressive Democrat TD Liz O'Donnell was rebuked by Fianna Fáil TD Michael Mulcahy for remarks she made about the Supreme Court hearing. He said the Oireachtas should not interfere in the work of the courts.
Speaking before the result of the State's appeal was known, Ms O'Donnell said: "We will argue on behalf of the people that, while a provision stands as part of our law, is accepted by all, goes unchallenged for over 70 years and provides a protection for children against rape, it should, in justice, attract the protection of the courts at least to the extent that convictions obtained under it are not rendered meaningless in law, which is the appalling vista which presents itself."
Ms O'Donnell said the court "must grapple with the real life implications of its earlier decision to strike down Section 1 (1) of the 1935 Act". This, she added, was not a hypothetical legal conundrum.
"Men who pleaded guilty of defiling children face certain release and retrospective acquittal. That has the country in a state of torment and disbelief and flies in the face of justice and morality as we understand them as human beings.
"The Supreme Court must listen to the arguments made by the State team on behalf of the people. It must consider the real-life implication of rendering the section unconstitutional: that men who defiled children will be released into the community."
Speaking later, Mr Mulcahy said: "As this debate takes place, the Supreme Court is deciding whether a person convicted under the section found unconstitutional should be released. We await its judgment and should, of course, let it deliberate without any influence or interference.
"In so far as some members of this House may have made comments, in a sense, leaning on that judge, I wish to dissociate myself from those types of comments. The courts must act completely and independently and must uphold the law as they see it."
