Colm Burke (Cork North Central, Fine Gael) | Oireachtas source

I move to the issue of compulsory purchase. I refer again to the senior counsel's opinion, in which he states on page 62:

Insofar as the State proposes to compulsory acquire the lands, the appropriate legislation is under the Health Act 1947 which confers on the HSE the power to compulsorily acquire lands. However, significant issues relate to whether the procedure under Health Act 1947 is constitutional in affording sufficient independence in the process for confirming a CPO.

Thus, even the senior counsel's opinion that is circulating is, on the one hand, saying the State should go and compulsorily acquire, yet the paragraph I have just cited sets out that there may be constitutional issues. Will Mr. O'Donoghue give further clarification of why it would be unsafe for the State to proceed by way of CPO?