Bertie Ahern (Dublin Central, Fianna Fail)

To take the last point first, I agree fully with the Deputy. At the start of the Government's term I raised this issue in the House — I think Deputy Brian Hayes questioned me on it. I said to the Minister, Deputy Gormley, that he should go ahead, regardless of other Seanad reforms, and deal with that issue because there was no reason not do so as we had already dealt with it. I have asked that that be done and will check what is the latest position.

I do not want to get into a row on the decision in the McKenna case and how it is interpreted. My view would not be different from the Deputy's. Sometimes a decision is made and whatever the arguments, it is how it is interpreted that is important. Everyone takes the view that we have to take a very narrow definition of that judgment but I am not so certain. I know the legal advice is that the McKenna judgment comes into effect on the date on which the Bill is passed and that this restricts us in certain ways. The whole idea, as I understood it, was that at least the people were entitled to information but it should not follow that if there is not a constructive or cohesive argument, someone must dream up an argument, which is how it is now interpreted.

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