Barry Andrews (Dún Laoghaire, Fianna Fail)

The phrasing is what is at issue. Section 48 states the authority may take evidence orally or on affidavit. Naturally, if both formats were possible then it is understood by the way described. It is not necessary to insert the two words "or both" because it is already understood and they are not mutually exclusive. I appreciate the Senator's concerns would be well-founded if it were drafted "either orally or on affidavit". However, it is expressed that they are not mutually exclusive and evidence can be given both on affidavit or orally.