Brian Lenihan Jnr (Dublin West, Fianna Fail)

The initial case came before the courts in 1996 and continued some time after the enactment of the legislation. The bureau has had funds for some seven years but those funds are only now coming into operation. Senator Cummins's amendment No. 6 seeks to shorten the time for the distribution of the funds from the CAB to the Exchequer from seven to three years. This would be welcome news for the Exchequer as the accumulated funds from the past three to four years would become payable immediately. On advice from the Attorney General, however, I cannot agree with that element of the amendment. Acceptance of such a provision could expose the legislation to some constitutional hazard in that a balance must be struck between the acquisition of property rights and the rights of persons claiming ownership in them, and their expropriation by the State.