Katherine Zappone (Independent)
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I understand. The judgment to strike it down was on the basis of the incompatibility with the EU's Charter of Fundamental Rights. Let us suppose that the High Court case is not successful so that our Act is found to be constitutional. The fact remains that there is still a European judgment that the Act, or certainly the directive on which it was based, is in conflict with the Charter of Fundamental Rights. It is important to note that. Ultimately, while it may not be unconstitutional, we may move to a point where it may not be desirable and, therefore, there is a need to change it in light of the fact that it is in conflict with the Charter of Fundamental Rights.