Bertie Ahern (Dublin Central, Fianna Fail)

I would be glad to answer that point. The recommendation in the all-party committee's report was that it does not require legislation. There is a strong argument about that and I have spoken to more than one senior counsel about the issue. Their view is that if one tries to do so, it will be challenged. The Department is now proceeding to examine the matter on a legislative basis and is reflecting on it. I should let the Department come forward but my view, having spoken to a number of senior counsels, is that when one tries to finalise the legislation it could be quite difficult. I spent a lot of time corresponding with senior counsels on this matter and they said that when we try to do it, it will prove to be very difficult. However, the Department is currently trying to do it on a legislative basis. Apart from all the work we are doing on initiatives, including affordable housing, if we can do it through legislation well and good, but I fear people will try to challenge it. The Department has now decided to try to follow the advice and do it through legislation.

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