Michael McDowell (Dublin South East, Progressive Democrats)

No, it does not mean that. To be appointed, one has to be appointed under the terms of the Act. The present incumbent, Mr. Justice Dermot Kinlen, is a non-statutory inspector whose term of office is due to expire in April 2007. It would not be proper for me to provide in legislation that somebody whose office is still ongoing will be automatically appointed by whoever is Minister for Justice, Equality and Law Reform in April 2007. It is not proper for anybody to say that. What I am saying is that he will not be excluded from appointment by the terms of this legislation. It would be strange if one were to provide that a person who was occupying a non-statutory office was automatically, and without regard to anybody's views, made the first inspector thereafter, even though the term of office of that person had expired.