Dr. Conor Casey:

I thought “life terminated” might be worse if people did know it came directly from the judgment.

Again, with the greatest respect, there was no intent to inflame whatsoever.

On the question about competence, if the Oireachtas is not entitled or constitutionally able to legislate or make policy within the parameters of the Constitution as it currently exists, then it would ultimately require, in order to make this possible, a referendum. In the first instance, there is no definitive judgment on this question. My colleague, Dr. Mulligan, said that Fleming is a definitive judgment. I absolutely agree that on the questions that were pleaded and argued which concerned the scope of Article 40.3 and the legality of the Oireachtas's statutory ban, it was definitive. However, it is not definitive in another respect because the Oireachtas is always entitled to probe the boundaries of its own authority. Legal advice is always just advice, even from the Attorney General. The Oireachtas is always entitled to legislate if it thinks it has a fighting chance. The Article 26 mechanism is there for a reference to the Supreme Court if the President wants to test the constitutionality of something . Those routes are there in the first instance but if those result in the striking down of legislation, then the ultimate recourse, if the Oireachtas cannot do it under the current Constitution, would be to amend the Constitution.