Mr. Tom Flynn:

Well, I do not think it is necessary to descend to that level of analysis. I am not saying there is anything wrong with it. Let us be clear, however, about the situation pertaining under this proposed legislation, in the context of what the Deputy referred to, where somebody wants to challenge the interaction between the development plan and a ministerial direction in relation to it. Currently, somebody would be in a position to take this case and would, it is possible to say with some certainty, benefit from the cost protection rule. It would be possible for that person to recover the costs. In the context of this proposed legislation, it is not clear that a person would have that ability. It is certainly not clear that people would be in a position to recover their costs. It looks like it would probably be the case, concerning this aspect, that people would have the benefit of the provisions of the new scheme, but we do not know what that is providing for in this context. I do not think any of us can be clear about this.