Results 5,021-5,040 of 11,255 for speaker:Colm Burke
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: In other words, Mr. O’Raghallaigh is saying that because the HSE is getting a 299-year lease, it would be very hard to argue that we are not getting full control.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: And that the State would have a difficulty on that issue alone.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: There seems to have been misinformation provided at the meeting on Thursday. The word “demise” is set out in the lease and it clearly sets out that SVHG is demising the leasehold interest for 299 years to the HSE. When the legal expert was asked by another Deputy does St. Vincent's still retain ownership of the building, the answer was that, yes, it does. Mr....
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: In regard to compliance, the lease clearly sets out that it must be used for medical purposes. In what circumstances could the landlord suddenly go in and take control of the property or forfeit the lease?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: As long as it is providing healthcare in that building-----
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: There are no other circumstances in which the landlord could physically take control of this building from the HSE.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Will Mr. O’Raghallaigh outline those circumstances?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: That is only if the HSE decides that it wants to use the property for an alternative purpose.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: There are no other grounds where it can take it back.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Therefore, the analysis that I started off with of the car and a caravan does not fit.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Does Mr. Menton also agree there is a lot of incorrect information in the public domain? The message being sent out is as if St. Vincent's controlled the building, even though the lease is given to the HSE.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Will the witnesses clarify that issue around section 6.4? My understanding is that the landlord can get a mortgage on the freehold interest in respect of the lands on while the buildings are built. I raised this matter earlier. There are two different legal entities – a freehold interest and a leasehold interest – and the landlord cannot mortgage the leasehold interest. Am I...
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: We have a freehold interest that the landlord can mortgage, but that mortgage is subject to the consent of the lessee, which is the HSE in this case.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: In other words, if the freehold is mortgaged, it will not give the bank or financial institution the right to in any way interfere with the control of the building by the HSE or whomever it gives a licence to in respect of that building.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Let us be clear, as the impression has been given that the landlord can mortgage the entire building. Perhaps the witnesses will clarify.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: If the mortgage was forfeited and the bank or financial institution decided that it wanted full control over the freehold interest, the €10 per annum would be payable to the bank rather than to St. Vincent’s.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Likewise, in the event of there being a breach of the lease and €800,000 being the new rent, that would be payable to the bank rather than St. Vincent’s.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: The bank or financial institution would have no right to go next or near the building as long as all of the terms and conditions of the lease were being complied with by the HSE at all times.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: One of our problems is that it was put out into the public domain, particularly by a person who gave evidence to us last Thursday, that St. Vincent’s owned the building. That is what was said at the meeting. Is that correct?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)
Colm Burke: Not the building. It will not own the leasehold-----