It was the Government's concern that if Mr. Justice Flood continued hearing modules as an ordinary member over a lengthy period of time, any subsequent report could be challenged. What the Government was seeking to elicit from the tribunal was the nature of risk of such a legal challenge in the context of the length of the proposed modules Mr. Justice Flood would be hearing as an ordinary member. The concern was simple, namely, that those who were determined to challenge a subsequent report of the tribunal would rely upon the fact that Mr. Justice Flood had not heard the costs issue but was willing to decide issues relating to corruption and bribery. It was seeking clarification on this potential problem.