Dr. Ambrose McLoughlin:

I reassure the Senator that we will examine new legislation carefully through many prisms to ensure we avoid what happened in the past. I would like to clarify something. The Department clearly has executive functions and administrative functions. I want to draw the distinction between both because they are hugely important. Fundamentally, we have a duty of care to the resources of the State and we cannot, no matter what are the pressures, treat litigation from any source without having proper regard to the systems laid down for dealing with such matters. It is an adversarial process. If, at some time in the future, the Oireachtas wants to develop other systems for dealing with such litigation, that is entirely a matter for it but right now these matters come into the legal field, they go into court and we have to take the advice of the Chief State Solicitor's office and the Attorney General. If we did not, we would be in dereliction of our duty.