Brian Lenihan Jnr (Dublin West, Fianna Fail)

We do not know. At least we will now have an evidential basis from which we will be able to find out whether they are being consistent.

There is a more fundamental issue in this regard. The Oireachtas decides to commit these decisions to the judges and courts because an element of discretion has to come into the decision made. This is the great difficulty in that we want consistency. We want an absolutely rigid standard applied to all cases, but no two cases are the same. The search for consistency can become self-defeating in any context. The reason the Oireachtas asked the courts to take on this task is that it is recognised that the complex, factual positions that establish themselves in these cases do not readily admit to a uniform solution. If there were a uniform solution, we would legislate for it. We would not say to the judges in the courts that they had better listen to all the evidence and make a decision they think is fair and reasonable in the circumstances. That is the difficulty with consistency. I do not decry the need for consistency and uniformity of approach in the courts as far as it can be achieved. I have no doubt that the evidential basis we will establish under this legislation will assist that.