David Cullinane (Waterford, Sinn Fein) | Oireachtas source

Ultimately, any of these claims may well end up in the court. It could be the High Court that decides this claim or any others if they are not resolved. Neither the Minister, Ms Ross, Mr. Tierney nor can guarantee what a court is going to do. If the matter goes to court and there is about €800 million in claims involved, it is conceivably possible or probable, given the conciliator's judgment, that BAM may be awarded something, although it may not be €800 million. With regard to whatever additional money was made available, and the Minister said it was just short of €500 million, was a contingency built into that to cover the State for some of the potential liability if the High Court were to decide that BAM was due more money? In other words, it would not matter what the court said. Even if the court were to say that BAM should get 40% or 50%, can the Minister guarantee that this is covered as part of the €2.2 billion?