Arbitration (Amendment) Bill 2025: Committee Stage (Resumed)
Seanad Éireann — 2026-05-28
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Thomas Byrne (FF), Meath East

We cannot start to be prescriptive about what the High Court will or will not find. We are giving it guidance, through legislation, based on what the Supreme Court has said.
The term "constitutional order" has been referenced by Irish courts in a number of cases. It would be a matter for determination in the ordinary manner by the High Court, and of course the Supreme Court if necessary, in any cases regarding the enforcement of awards in the State under the new Article 25A of the 2010 Act. It is not for the Executive or Legislature to be prescriptive about what constitutes the constitutional order of the State, nor is it for me to be prescriptive here as to what a High Court judge might find in the future.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-28/debate/main
Retrieved: 2026-08-14T04:55:01+00:00
Sitting date: 2026-05-28