Professor Mary Donnelly:

It is a very fair point that Professor Jones has made on the specifics of the American situation. It is a very different kind of model in general. In our situation, if we decided to introduce a measure, or to legislate for a measure, to accept that our citizens were entitled to that measure, then we would be required to ensure that mechanisms were put in place to ensure that our citizens have access to that measure. There, one would have a Supreme Court case very quickly if individuals were unable to have equal access to what was established as something available under the law, and if one had inequality and essentially discrimination coming in there.

We are operating with very different models. I cannot envisage how one could do it without a referral obligation, but that is my personal view. I would see constitutional issues were we to attempt that.