Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

My final question relates to the Supreme Court judgment. I appreciate the RTB is asking the Department to deal with this issue. When we get the explanatory memorandum to the legislation, that will be a valuable place to highlight the kinds of things we are talking about. The RTB must conduct its business in a manner that is constitutionally appropriate and in line with Supreme Court judgments. I am not qualified to read this stuff properly but if, for example, we are going to move to a position whereby the RTB at an adjudicator level, even with guidance from the Department, can decide to redact or hold hearings in camera, and there may be such circumstances, we must have a sense from the legislation of what that might look like. That would need clear written guidance from the Department were it to be implemented. All sorts of questions could arise in that regard. We do not want to go too far in the application of the interpretation of the Supreme Court ruling and then have a party to an adjudication bring a legal challenge because that would mean we would be here in another couple of years with another Supreme Court ruling reversing some of these decisions. There is a question of balance here that is important.