Mr. Ken Murphy:

The question of whether an Article 26 reference is wise always arises. In the case of an Article 26 reference, one tends to get an abstract and slightly academic result. As legal practitioners, we tend to use the word "academic" pejoratively. It is not intended to offend anyone here. One gets a debate like that found in a student debating chamber, as distinct from something that is based on real evidence. The other issue relating to an Article 26 reference is that a measure which is challenged and upheld by the Supreme Court is immune to subsequent challenge. A judgment call always has to be made when deciding whether to make an Article 26 reference.