Ms Alice Murphy:

That is my answer to the first question.

The Deputy’s point about the appointment of conservative directors feeds into the same point. There has been a worry, which is legitimate - I do not want to suggest that any of the worries and concerns are anything other than legitimate - that three directors from St. Vincent’s Healthcare Group, three directors from the National Maternity Hospital, Holles Street or three directors from the State might decide to take this company in a different direction. It was stated earlier that the directors could change the constitution of the company. That was not an accurate statement. I feel the need to correct the record in that regard. In the rulebook or constitution of the new company there is a set of powers for the board. They are the board’s directive. They say how this hospital is going to be run. They are only capable of being amended with the consent of the Charities Regulator, as was stated, but also with the unanimous consent of every single director, and of the Minister for Health. That statement is to correct the record.

My last legal point is in relation to the point about a conservative director who might take the company in a particular direction. Yes, boards of directors do influence culture in organisations, but boards of directors under the Companies Act and under the Charities Act have very clear obligations to act in the best interest of this company and to promote its charitable purpose. It is not possible for directors to go outside of the rulebook, which is the constitution. There are two sets of laws, the Companies Act and the Charities Act, imposed upon them to act with due skill and care, in the best interests of this company.