Ms Justice Mary Laffoy:

We did not give any consideration to that. How the Oireachtas operates and the underlying politics at a particular time is really outside this question. I can see why there might be a concern. In the heel of the reel, the issue is whether this topic should be dealt with in the Constitution or by legislation. It was envisaged, I think, in the 2002 referendum that the legislation which would replace the constitutional amendment would only be amended following a referendum.

I believe I am correct in that. It is another possibility and something the Deputy might bear in mind. The members of the assembly did not look at what was likely to happen in the Oireachtas or what the political situation would be at a particular time. We did not consider that.