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

I am sharing time with the Minister of State, Deputy Feighan.

As someone who comes from a legal background, having spent more than 25 years dealing with leasehold and freehold titles, I am very much aware of the significance of a 299-year lease. Only one witness who appeared before the health committee gave evidence on behalf of the opponents of this project, and he admitted he was not a property law expert. Conversely, representatives of three law firms clearly set out that this was good title being handed over. It is a lease from the St. Vincent's Holdings CLG to the HSE, which will, in turn, give a licence to the national maternity hospital and the new group that will be set up.

Leasehold title is widely accepted as good title in this country. Let us take, as an example, our good friends across the House in Sinn Féin. Are they suggesting all the properties they own are held under freehold title? Many of their properties will be held under leasehold title. Are they suggesting their landlords tell them what they can or cannot do? I do not think so. This is good title, and clear evidence given to the health committee demonstrates that the State will own the property and that no other interest can mortgage or do anything else with the property without the consent of the HSE, which is getting the lease. That is very important.

Stephen Dodd SC has been quoted extensively in this context. In his published opinion, he accepts that if we were to use the Health Act 1947 to compulsorily acquire the land, the State would not succeed. It is clear we are getting good title in the lease being offered here for 299 years.

See this speech in context