Dick Roche (Wicklow, Fianna Fail)

As regards the question on funding, the Minister for Finance would be required to sanction funds in the normal manner. The second question referred to section 3(4), which provides that a commission may be established even if the matter considered by the Government to be of significant public concern arose before the passing of this Act. This could not be clearer.

One of the commendable aspects of this Bill is that it is written in clear English. Section 3(4) does exactly what it says on the tin in clearly conferring the right to establish a commission regarding matters of public concern that arose before the enactment of this legislation.

Senator Hayes has suggested that the latest Mahon report contains some element of a cri de coeur for freedom from the burden of that tribunal, which may have to continue for another decade at least. God forbid that it should be so. The question of transferring modules from the Mahon tribunal is a decision that would have to be made at the appropriate time and I am not in a position to speculate on that matter. Nevertheless, I assume that because the Bill provides for matters of public importance which took place prior to its enactment, there is no reason such a process could not take place if it were deemed appropriate and if such a request were made. I cannot be definitive on this matter because it is a purely hypothetical issue that has not arisen and any decision would have to be taken by the Government on the basis of the facts at the appropriate time.

Senator Hayes's fundamental concern is whether a degree of retrospection in possible under the provisions of this Bill and I confirm this to be the case.