Oireachtas Joint and Select Committees

Monday, 16 May 2022

Joint Oireachtas Committee on Health

New National Maternity Hospital: Discussion (Resumed)

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael) | Oireachtas source

I thank all of our guests for coming before the committee and giving us the information we are seeking. One of the witnesses before the committee last Thursday has now decided to describe freehold and leasehold as freehold being like owning a car and leasehold like owning a caravan. Therefore, when someone owns a caravan they cannot set out the direction they go in. Taking this, it means there are now more than 300,000 people living in houses who technically, in accordance with this interpretation, are living in caravans. Will the witnesses set out the difference with regard to a leasehold? As I understand it, a leasehold is a separate legal entity from a freehold. In other words, there is a freehold legal entity and a leasehold legal entity. The leasehold is taken from the freehold interest. Therefore, someone with a leasehold interest of 299 years has full control of the property.

I think there is a misinterpretation out there on that. For instance, the person goes on to state: "Another control lost over the asset through the leases’ terms, which would not apply if the state owned the freehold, is that St Vincent’s can mortgage the new NMH building." That is what is up there. That is in writing. This is from a legal adviser who was here with us last Thursday. It is important that we clarify what is the legal interest. The HSE is getting a 299-year lease. Is that correct?

Comments

No comments

Log in or join to post a public comment.