Dr. David Kenny:

There is a risk that the Oireachtas might be slow to change legislation in those circumstances. I very much agree with Professor de Londras. Perhaps in that situation it would be worth stressing that the Legislature was being empowered, which was the point of the change, and this was what was being proposed for the moment but was not meant to create a political expectation for all time. Rather, it was a promise that nothing further would be done without the representatives of the people going through the ordinary process of making a law, which is the usual guarantee one has against breakneck changes in any legal regime.

The second question concerned whether the Oireachtas must legislate. Again, it is something the committee should consider. Ultimately, the committee will end up relying on the same enforcement mechanism, that is, political pressure, because the courts will be loath to issue an order mandating, for example, the Houses to legislate. It is difficult to foresee that happening. Whether the provision includes the term "shall", "will", "must" or "may", it seems that ultimately it relies on political will in the Houses.