Mr. John Newham:

Certainly, the Constitution has a role to play. The type of law that it deals with also has a role to play. Essentially, it is dealing with personal injuries which legally is normally a matter for tort, which is court-made law. Unlike the WRC which deals with employment law and which is generally statutorily based, it would be a body dealing with court-made law which creates a problem. There are also constitutional concerns relating to the right of access to the courts and, of course, the primacy of the courts in the administration of justice.