Dr. Karen Devine:

I thank Deputy Smith for his questions. On how likely it is to be challenged, it depends on resources but certainly at the national level it could be challenged. I believe that the President and the Council of State will have to take a serious look at the legitimacy of the abolishment of the triple lock. I believe it is a stateable case at national level and a stateable case at international level and even at EU level. The European Court of Justice has used and recognised the Vienna Convention on the Law of Treaties in its own judgments. One can knit together the national legislation here on the triple lock and the national declaration that is associated with the instrument of ratification of the Lisbon treaty by Ireland. The European Council in issuing in its Presidency conclusions to the Council of Ministers - I quoted this in the written statement I provided - basically takes cognisance of the fact that the national declaration containing the triple lock is associated with the instrument of ratification by Ireland of the Lisbon treaty. There are three levels where cases could be taken. It depends on resources but at each level the case is stateable. I do not know if this answers the Deputy's question.