The Government decided, for constitutional reasons, that the primacy of the national provision had to remain in force. The position is that the status quo ante– the legal state of affairs – will apply. When the declaration has been made, the Government has to consider, as a matter of priority, what has to be done in light of the commitments in the convention about the application of the right which has been infringed. The undertaking by the Government to secure the rights of citizens against the obligation provides an effective remedy within our constitutional framework. Clearly, a breach of international law is established once the court makes the declaration and the Government must cure the breach. It is going too far in relation to this measure, in my respectful view, to say that there is an immediate exposure in damages and liability to the State itself because of that breach of our international obligations established before our courts.