A well-wisher has directed me to page E-137 of the Garda Síochána Guide
The MIBI was not mentioned specifically in the 2003 Act, hence the doubt. The judgment makes sense; anything else would have been an anomaly. Indeed, in a very real sense the 2003 Act was intended to apply to the MIBI more than anyone or anything else; they are the insurance industry.
Three Motions are (or were) before the High Court. One, that of the Irish Human Rights Commission, was promptly decided by the judge in favour of the IHRC. The IRHC is now a “party” to the proceedings as “amicus curiae”.
The Supreme Court held that this could only be read prospectively (into the future) and did not avail the State in its arguments. (The Supreme Court also found that the Act, as so read, was constitutional. It also found that the offence “assault occasioning actual bodily harm” was a common law offence.)
The Dail is firmly under the thumb of the Government, whereas our Constitution envisages that it should be the reverse. The principle purpose of a Constitution is to rein in the Executive. Representative democracy exists for the same purpose.
n 1984 President Ronald Reagan visited Ireland. There were public protests and demonstrations at his visit. He stayed for a time in the residence of the US ambassador in the Phoenix Park. A number of women took up position in a grassy area across the road from the entrance to the ambassador’s residence with the apparent intention of signaling their protest to President Reagan as he entered and left. He never saw them.
Ireland has previously cast a veto (in the EU Council of Ministers) and it was denied that it had that effect.