Mary Coughlan (Donegal South West, Fianna Fail)

The Senator is correct. We have spoken about the ability of the Ard Chláraitheoir to institute an inquiry. He or she may do so on his or her own initiative or as a result of information that comes to his or her attention. There is nothing to stop someone writing to the Ard–Chláraitheoir and requesting that an investigation take place on the basis of section 65(1)(a) (i) and (ii). Spurious requests, which would not stand up to scrutiny, could be made to the Ard–Chláraitheoir. If we introduce the word "shall", the Ard–Chláraitheoir would be compelled to carry out an inquiry if such a request was made whereas that might not be the right thing to do. We are being over-prescriptive to allow the flexibility for the Ard–Chláraitheoir.