Mary Harney (Dublin Mid West, Progressive Democrats)

If the Law Officer of the State tells me not to release the advice, that is what we should do as well. He confirmed what he said to me on the telephone on Thursday afternoon, in writing, and I have made that letter available, although, no doubt my motives will be suspect. Legal advisers to both Beaumont and St. James's Hospitals did not believe there was an issue. We felt we could allow the lease to go ahead on the basis of amending the statutory instrument. We now know, as a result of 26 October, that it is not possible to give any more powers to bodies where a legal doubt exists. Therefore we are putting the legal doubt beyond doubt and using the opportunity in this legislation to amend a transitional loophole that emerged with the Medical Practitioners Act, to ensure there is no question but that these hospitals can lease their land. As regards the issue of disposal, as raised by Deputy Jan O'Sullivan, I am advised that is the legal term applied, whether it is a disposal in the form of sale or an actual lease. This is the legal terminology that is appropriate as regards this matter, and I can give her a note to that effect.

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