Ms Justice Mary Laffoy:

On the first question, I think I would agree with the Senator that what the citizens were thinking of was copper-fastening the position and not leaving any uncertainty there. I think that is why they took the line they took. Incidentally, and this is just by the way, after that session we had a question and answer session and Brian Murray answered questions, and we subsequently prepared a transcript of that. It is available if it is of any assistance. It may give some insight into the minds of the people who were asking the questions, but I agree that that was their objective; to copper-fasten.

I suppose one has to awfully careful about the terminology one uses in this context. When we talk about certainty and there not being any challenges open and all of that, what I have been thinking of is a constitutional challenge, in other words, that I would prefer and hope the Oireachtas would not produce legislation which within a few weeks would be subject to proceedings in the High Court which claimed a declaration that section whatever it is of the Act is invalid having regard to the provisions of the Constitution. So it is to avoid a challenge of invalidity having regard to the terms of the Constitution that I am concerned with. Of course, the courts must keep an eye on the Legislature and ensure that the Legislature is acting in accordance with law. One does not suggest cutting that out, but I think if the Oireachtas is going down the road to amend the Constitution, and to do so by way of legislation it should strive to ensure that the legislation will not be the subject of a constitutional challenge. I should add that is very much a personal view.