Ms Rachel Minch:

Some people can see some pragmatic sense to it. I apologise to Mr. Flynn. They can see it, because the criteria to seek leave to appeal to the Court of Appeal is already very high, that is, a point of exceptional public importance and that it be in the public interest to appeal to the Court of Appeal, whereas the Supreme Court has commented that the threshold of appeal to it is lower. The threshold needs to be in the interest of justice that leave to appeal be granted, or that it is a point of general public importance. There might be some pragmatism around there, in that one is simply going to the Supreme Court, where the threshold to appeal to may be lower. However, we also agree it needs further consideration and that there may be further constitutional issues.