Marc MacSharry (Sligo-Leitrim, Fianna Fail) | Oireachtas source

That was not the question I asked. The question was if there is anything forcing us to consider them. I have made the point, and I might be over-simplistic, that if somebody builds me a house and sues me after the fact I am unlikely to use that builder for my next house. We have had situations where people with that sort of track record in taking litigation against the State - actions against the State on previous contracts - have then been awarded further contracts. While I appreciate the individual's rights I am interested in our rights as a State. Are we allowed use our own common sense and experience to acknowledge and take into account that somebody has a track record of going legal?