Derek McDowell (Labour)

I will not go to war on this but there is an issue. The draftspersons obviously think there are certain types of cases with which the board should not deal. There is no oversight of the issue and if the board makes a decision, that is the end of the matter. The board can then deal with a case with which the Tánaiste and those who drafted the Bill think it should not, such as a case dealing with psychological damage. Nothing prevents the board from doing that if it so decides, although it may decline. I assume the purpose in framing the section in this way was to take such cases out of the ambit of the board. If that was the intention, the Tánaiste should go the whole hog and remove the discretion from the board's ambit.