Emer Higgins (Dublin Mid West, Fine Gael)
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I thank our guests for being with us and for sharing their legal expertise. The committee has a big task ahead of us in the next nine months to navigate our way through a very complex area so we appreciate the assistance of the witnesses in that. Today's session is all about whether it is permissible for us to legislate for this or to decide not to legislate at all. Dr. Mulligan has said clearly that this is the only simple question the committee will get and that the answer to that is the Oireachtas has the authority to legislate or not legislate on this issue, and she has used the phrase "crystal clear".

Dr. Hickey said there is no constitutional bar, that the court has shown deference to the Legislature in this situation and that we are constitutionally entitled to legislate on this. From his statement I gather that the Fleming case ruling does not affirm that the Oireachtas is constitutionally competent to rule on this. Does that judgment affirm that the Oireachtas is not competent to legislate on this?

My follow-up question is based on the testimony of the other two witnesses. Is it their opinion that if the Oireachtas legislates on this, that legislation will have presumed constitutionality based on the 1939 ruling that has since persisted? Those are my first two questions for Dr. Casey.