Mr. Ciarán Breen:

I can because of the fact that mediation did not take place. As the mediation was being set up, the mediator spoke to the parties independently. He indicated that the US laboratory was seeking such a confidentiality clause. In such situations, mediators ask the other defendant for its view on such a proposal. When we replied, we were in no doubt that we did not believe such a clause was right or proper. We indicated separately to our co-defendant that we did not believe that asking Vicky Phelan to abide by such a clause was the right thing to do. I want to be clear about that - we opposed it all the way.