Michael McDowell (Dublin South East, Progressive Democrats)

The powers that can be exercised include the power of making orders subject to conditions. There is no absolute certainty in this matter. To some extent one is looking into a crystal ball, and one cannot be certain as to what the future will bring. One must however make a fair decision regarding the person. Currently, such decisions are taken by the Minister for Justice, Equality and Law Reform of the day on the basis of advice available to him or her. It is undesirable that this should be the case, because such Ministers even on the best occasions have to look over their shoulders to consider what the media might say if they get things wrong. The tribunal will at least be regarded as separate from the political process, and it will be expected to act without regard to media sensitivities. I trust however that it will have to take into account the fact that public confidence in its decisions must be upheld. It is better that these matters be dealt with by a group rather than by someone who goes to bed that night wondering if he or she will be out of office the following day if a wrong decision has been taken.