Frances Black (Independent) | Oireachtas source

Mr. Smyth and Mr. Keown are both very welcome. As they are probably aware, the Tánaiste has said publicly that the Government is willing to include services in this final Bill if we get the detail right. I am 100% certain that we can do so. Inserting services is absolutely crucial and there is no legal barrier to doing it. I have published detailed legal advice from some of the most eminent lawyers in the world making clear that we can include services in the legislation if the political will is there. Recently, over 400 of Ireland's high-profile lawyers wrote to the Government saying that we can include services. Those eminent lawyers include Professor Takis Tridimas, a leading scholar in the field of European law, Professor Panos Koutrakos and Professor James Crawford. I am really confused as to why we cannot have services when so many people are saying that they should be in there. The general public wants services to be included. Do the witnesses accept that there is, at the very least, an arguable case, as set out by Professors Takis Tridimas and Panos Koutrakos, that both goods and services could be justified by public policy? Is that an arguable case at all? That is my first question. Do the witnesses accept that it is ultimately a political choice as to whether we want to do a full ban on goods and services and test the public policy principle at EU level? Do they agree that this is a political choice?