Oireachtas Joint and Select Committees

Thursday, 12 May 2022

Joint Oireachtas Committee on Health

New National Maternity Hospital: Discussion (Resumed)

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I would like to return to the phrase "clinically appropriate". The nub of the term "permitted use" is that we have clinically appropriate and legally permissible services. I thank Mr. McGarr for highlighting the fact that the argument we have heard for "clinically appropriate" is that it would indicate that they should be services appropriate to a maternity hospital but that is, as Mr. McGarr said, already mentioned. We should use the following phrase: "all legally permissible healthcare services by a maternity, gynaecological, obstetrics and neonatal service" and remove the phrase "clinically appropriate". That would remove a phrase that is undefined anywhere and Mr. McGarr might confirm if that is the case. That phrase is placed within the lease and within every other document and therefore all of the other matters would need to be interpreted by both the tenant and the landlord.

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