Dr. David Kenny:

I, too, was focusing on the issue of certainty in the event of change. In so far as we have certainty – I agree with Professor de Londras that we do - it was won during decades of uncertainty in litigation about various parts and a failure to legislate in the light of certain judicial decisions made. It is not as if certainty was provided immediately with the insertion of Article 40.3.3o. In terms of there other possible impediments, that is obviously the scope of the discussion.

In the event that there is repeal without a replacement, again, I can say it is possible there are impediments, but I am not sure what they are. The issue may not come up in practice, but I could not come anywhere close to guaranteeing it.