Michael McDowell (Dublin South East, Progressive Democrats)

Arising from Dr. Mansergh's remarks, if one inserts the "in good faith" stipulation, one is saying to a judge of an Irish court on either side of the Border, in a Northern Ireland High Court or in a High Court in the South, that whether the commission is acting in good faith is a justiciable issue before that court. If one concedes it is a justiciable issue, one then gives the right of audience and a sort of curial opportunity to people to make a case that people are acting in bad faith, and to unleash legal attacks on them in the courts.