Mrs. Justice Catherine McGuinness:

The main question asked here is about regulation. One cannot approach the matter by regulation alone, because to be enforceable and to be part of the law, regulation must stem from another item of legislation. There must be a clause giving the Minister power to make regulations and the law is such that with regard to any act under that, the regulation must be within the power the Minister has been given by legislation. One can have a whole set of beautiful regulations but they are not, as it were, enforceable. They are mere guidance principles and while guidance principles are fine and lovely, had members listened over these many days to the arguments on both sides in this case, they surely would realise the task of someone setting out consensual guidance principles would be extremely difficult, because there is no consensus. There does not appear to be consensus at any level.

I must add that I think Dr. Cahill is entirely misinterpreting what was said by the clinical psychologist in the X case, when he stated he would not leave that girl alone, by which he meant the girl might commit suicide, were she left alone. Moreover, the Supreme Court's decision was to let her go with the consent and in the bosom of her family, with her father and mother and not alone, to England. This was a family decision and not akin to throwing the girl out of the window.