Sean Barrett (Independent) | Oireachtas source

The Kenny report states the President, when asked to sign the Bill, should refer it to the Supreme Court under Article 26 of the Constitution. In fact, Dr. Elaine Byrne records that the secretary in the President's office was quite cross about this. Was it an own goal by Mr. Justice Kenny? I have never seen a report stating that if one is worried that what is being recommended is unconstitutional, one should ask the President to refer it. If one is in a favour of something, one leaves it up to the President to decide.