Mr. Rody O'Brien:

That is no problem at all. I am willing to elaborate later if anyone wants to ask me about it.

Senator McGreehan asked about the significant issue of restoring faith or trust. There is a legal problem. Many members will understand this from experience. Senator Seery Kearney, who is a barrister, would know about this particularly well. There is an issue with regard to the constitutional rights of fair procedure, especially where a case has been judged previously, in the context of getting a fair hearing. The idea of bias in a case is an aspect of constitutional justice. If somebody has already sat on a decision to give a person information or decided to withhold information that person's identity, there is a constitutional issue as regards allowing them to revisit the matter. Allowing agencies to revisit issues in respect of which they have already sat, gives rise to issues of either actual bias or perception of bias. The latter can open up major issues going forward. Apart from the trust issue and the legalities of judicial review, everything will end up being judicially reviewed all over the place. It is, therefore, a very unsatisfactory purpose. There is a really strong case for a new agency on the basis of the legal and constitutional issues involved. That is a very brief response on that issue. I am happy to come back if anyone has a question about that.