Michael McDowell (Independent) | Oireachtas source

Perhaps he or she is. Who knows? What does merit mean? The point made by the individual to whom I refer, who is an eminent person, is that judges are law-makers to some extent. I do not want to breach parliamentary protocol by talking about current cases, but there is currently a test laid down in respect of smear test cases that will be the law unless it is reversed on appeal. I say nothing about the merits of it one way or the other, except to point out that judges make law. Judges are stating that this is the standard of duty of care that applies in examining smear tests.