Ms Justice Mary Laffoy:

No matter how one looks at this, decriminalisation will be a consequence or not a consequence of what happens so I do not really think it is very important. It would be something that the Legislature would have to think of, but it depends on what the legislation provides, in the same way as the 2013 Act repealed sections 58 and 59 of the 1861 Act and put in a new offence, but I think that is a consequential matter rather than a fundamental matter.