Oireachtas Joint and Select Committees

Thursday, 12 May 2022

Joint Oireachtas Committee on Health

New National Maternity Hospital: Discussion (Resumed)

Mr. Simon McGarr:

I am sorry. The restrictions upon the way the hospital can perform must fall within the "permitted use" clause of the lease. The permitted use clause of the lease defines how the hospital may act. Inside that permitted use clause is the phrase I have raised as a problem in this whole agreement, that is, that the hospital can only perform such actions as are "clinically appropriate and legally permissible". That is unique to this set of circumstances. The phrase "clinically appropriate" is problematic. It is not about the fact that there is a quiet enjoyment clause within the landlord's covenant or, indeed, that there are landlord's covenants. It is that the nature of the covenant-----

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