Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

No, I do not think it is. The primary aim of the legislation was to provide a particular service. It was very laboriously pursued in the Oireachtas by the special committee. It was an emotive issue and understandably so. There are those who want to advance, improve and liberalise it and those who want to trim it back. The information I have is that the present legislation cannot be challenged in court or if it was challenged, it would not succeed. Were changes to take place to accommodate all of the opinions, that might constitute a change in the legislation, which would enable a constitutional challenge. Is this right or wrong? Has the Department checked this?