Michael McDowell (Dublin South East, Progressive Democrats)

The alternative is to ask the commission to get involved in second guessing the outcome of court and tribunal proceedings. I do not think that is desirable either. We have to have some degree of certainty in regard to these matters. I would prefer not to do that.

The purpose of section 71 is similar to that of section 70. My comments in regard to the focus of such discussions at Oireachtas committees are relevant in this context too. I do not consider it appropriate in the context of an examination of the commission's administration for such committees to draw the commission into a discussion of cases which are, have been or might be the subject of judicial-type proceedings. Such matters are simply not relevant to such an examination and are an opportunity for politicians to re-open issues which at that stage should be closed or sub judice.