Professor Penney Lewis:

I would say yes in terms of the law as we know it now. It is possible in the future that there could be a legal challenge, not necessarily to the Irish criminal prohibition but possibly to the English one, in which the European Court of Human Rights could consider, for example, the evidence that was presented in the Carter v. Canada case that took place in the Canadian courts. The evidence persuaded the Supreme Court of Canada to change its mind about whether it was possible to regulate safely and protect vulnerable people from abuses. The court could look at that evidence and think this criminal prohibition does not minimally impair the right that is engaged under Article 8.1 - the right to respect for private and family life. I could imagine a future successful challenge but at the moment I think the Deputy is correct.