Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)

We can have a bit of a debate, and we are having a debate and various opinions are being offered, as to the policy exception but ultimately we do not really have a final conclusive position from the courts on this particular matter. Is it fair to say the central issue is that it has never been tested, particularly off the back of the International Court of Justice decision? We had a debate last week about the need to reconcile international customary law and EU law. If I understood the witness's arguments about primacy it would seem to me that the EU court should at least attempt to see if the two can be reconciled. Is it not plausibly the case that an EU court may seek to find that reconciliation and, ultimately, that the final test of this will be if it gets to an ECJ decision and that a government may decide that it wishes to test this and pass such legislation to do so?