Dr. Simon Mills:

I think the only reasonable reading of Fleming is that it specified, or at least envisaged, that it was specifying that it would be legislation with appropriate limits. The Senator is correct to say that it did not specify those limits. I think there was specification of what kind of legislation might be introduced by the Oireachtas, but not specification of the specific limits that would be introduced by the legislation. While recognising that as a matter of broad principle, the Legislature has carte blancheto legislate generally, it does not have carte blancheas to what goes into that legislation, because there will always be certain constitutional tests to be met. It is a slightly vague answer, but that is because, as the Senator identifies very fairly, the Fleming decision states what it states and does not go any further than what it states. However, what it states points in a particular direction.