Dr. Tom Hickey:

I am glad Senator Mullen raised that matter. Before he asked his question, the Senator wanted to emphasise that line. I point out that this line is included in the submission I made to the committee. Before the Senator's intervention, I made the point that the Oireachtas cannot just do what it wants but that it has to take seriously the constitutional norm in Article 40.3.2°. Senator Mullen already read out the line, but, just in case, I will repeat it, "Nothing in this judgment should be taken as necessarily implying that it would not be open to the State, in the event that the Oireachtas were satisfied that measures with appropriate safeguards could be introduced". This is something I am trying to stress. I honestly did not come here with a strong view on this. I would be interested to be on this committee, hear the evidence and figure it out. If you are satisfied with the safeguards, then you have the green light; that is what I am saying. Chief Justice Denham goes on to us the phrase "If such legislation was introduced", and the courts always do this. They always say that the task and function of the judges is to interpret the Constitution in cases of dispute, and that they will do so where necessary.