Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

The key issue there was that the statement was appended according to court scrutiny. A judge of the High Court oversaw that process. It was not the Government doing something independently. It was scrutinised by another branch of the Oireachtas. Commissions of investigation are a creation of the Oireachtas. They are formed under that legislation. It requires a motion from the Dáil to create them so if the Government was to append a statement about the outcome of a commission of investigation, it would need the independent scrutiny of a court process. This is why that was the outcome of the judicial review process.