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

I thank the witnesses for making themselves available and for the contribution that they are making to this debate.

My colleague referred to Mr. Stephen Dodd SC's opinion. This is about the compulsory purchase issue. Mr. Dodd SC, in page 62 of his opinion, states:

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.

In other words, he is saying in this opinion that he has doubts that there are sufficient powers in the 1947 Health Act to allow the State to compulsorily purchase this land. Would Mr. McGarr agree with him?