Mr. John O'Donoghue:

That is correct; the building has to be used for the permitted use, which is defined in line with the other documents to include all clinically appropriate, legally permissible services. If the State does not do that, it is at risk of paying market rent and it is at risk of forfeiting the lease in the future. If, for example, as I mentioned, the State in 70, 80 or 100 years' time decides it no longer wishes to use this site for public healthcare services, it risks losing the site with the building on it, but there is an important protection in the forfeiture obligation Senator Higgins mentioned, which is very unusual in that if St. Vincent's did take back the site there is a covenant that it would continue to provide public healthcare services from that building.

The Senator asked about the potential liability of the State in the future. This began as a 99-year lease on the basis that was a sufficient length of term for the building that was to be constructed. Because of commentary, that has been extended to 299 years, which puts an onus on the State to provide healthcare from that facility for that period or to have that conversation in the future with whoever owns the land or the freehold interest at that time.