Mr. Tony O'Brien:

In my own assessment, I think that the issue of litigation is not relevant. Based on my reading of the reports, where harm has occurred and if anyone wishes to litigate on the basis of that, there is no effective defence that can be offered. As the Deputy knows, the HSE does not manage the process of litigation when persons take lawsuits against the HSE. While that is managed by a separate agency, as I see it there is no conceivable defence. Therefore, the issue of litigation is not one that needs to be taken significantly into account in deciding what we do or do not do.