Mr. Donal O'Raghallaigh:

I have not seen that opinion, but I heard reference to evidence or to a witness statement that was given here last week which highlights the constitutional issue with the HSE's current CPO powers. I do not disagree with that. It also said there would be a legislative piece to seek to remedy that. Where a body is seeking to CPO, it is not just about what powers it has and it also has to show that the CPO is proportionate. I think it would be a difficult point for the HSE, where it is being gifted a 300-year lease of a site, to show that it is proportionate for the State to exercise a compulsory power to acquire freehold. It would be hard for the State to justify.