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Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: That arrangement is accepted in the commercial market. If I were to tell Mr. McGarr that I was going to buy a building with a 299-year lease, would he advise me to buy it or not?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: I am just asking Mr. McGarr a question.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: Is Mr. McGarr suggesting that a 299-year lease is not good title?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: This is a standard lease. It is a 299-year lease.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: It is a standard title.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: I am saying to Mr. McGarr that this is an acceptable lease in any commercial market.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: The clause to which Mr. McGarr refers would be standard in any lease.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: Has Mr. McGarr been involved in litigation about the interpretation of leases?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: That is clearly defined because that it is included in the licence.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: I want to come back to Mr. McGarr on the lease. He told Deputy Connolly the State will not own the building. This is incorrect. It is a 299-year lease. Is he saying that anyone with a leasehold title to a property does not own the property?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: They do own the property. There is misinformation out there. The State will own the property for 299 years. Does Mr. McGarr accept this?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: It owns a leasehold but it owns the property and the building.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: Does Mr. McGarr understand the word "demise"?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: The word "demise" means the lease of the premises is given for 299 years and that premises is the State's to manage and run. I have quoted clause 6.1. Mr. McGarr is now saying the none of the people in the entire country who have leasehold title own their property.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: I am entitled to-----

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: This person is saying the State will not own the building. That is incorrect and he knows it.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: Which is the building.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: The building is owned by the leasehold owners. No one can interfere with that lease while they are paying and complying with the conditions in the lease.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: It is accepted that leasehold title is good title.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)

Colm Burke: It is accepted that such people occupy the premises and own the premises.

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