Mr. Gerry D'Arcy:

Yes. We took legal advice from the very beginning, from the time the initial contracts were issued in 2002. It must be borne in mind that the legislation is relatively new and relatively untested. It is therefore very difficult to be certain.

It is impossible to be certain as to which way decisions might go and what the compelling reasons and justifications might be for a decision by the Labour Court. The court took the view that in 2007, which was the approximate time when these contracts would, without the objective grounds, become contracts of indefinite duration or permanent contracts, there was no immediate prospect or firm commitment on the part of the public sector to commence the project. The objective grounds fell on that basis at that time.