Michael D Higgins (Galway West, Labour)

It is not the colour of the agreement that will decide whether the Government needs an opinion from the Attorney General on a constitutional referendum. The reason I made specific reference to the Crotty case is that there are circumstances where one could invoke that case and there are other circumstances in which it would not be appropriate to invoke it. On the basis of the framework opinion relating to, for example, that which is protected constitutionally within Article 28, it is possible to arrive at an opinion that there will be some or any change.

My case is not solely based on the fact the British-Irish Agreement and annexe are there together or are, in fact, an integral document or that they are simply mentioned in Article 29.7.2 but that any movement would so affect Article 28 that it would make a constitutional referendum necessary. It may well be the Government decision is to wait to see that upon which it will seek a consultation, but on the general principle as to whether there is, as it were, a disturbance of Article 28's protection of institutional decision-making within the territory that is the State and so forth, one might be able to anticipate that a constitutional referendum will be necessary.

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