Results 4,961-4,980 of 11,187 for speaker:Colm Burke

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-----

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (16 May 2022)

Colm Burke: And therefore will not be able to mortgage it.

National Maternity Hospital: Statements (12 May 2022)

Colm Burke: I thank the Minister for his comprehensive statement on this matter today. I fully support the view that the project should go ahead. I am extremely astonished at the interpretation by some members of the legal profession of what a leasehold title is. As someone who has practised and been involved in the purchase and sale of leasehold title for more than 25 years, it is clear that there is...

Public Accounts Committee: 2020 Report of the Comptroller and Auditor General and Appropriation Accounts
University of Limerick Financial Report 2020 (12 May 2022)

Colm Burke: I thank the chancellor and the president very much for being here and for dealing with the queries being raised. With regard to the accounts for 2020, I note that the total expenditure on legal matters was €926,000. That sounds extremely high. Even at €400 an hour, that is 2,320 hours. I am being generous with that €400 an hour. At 40 hours a week, that is 58 weeks...

Public Accounts Committee: 2020 Report of the Comptroller and Auditor General and Appropriation Accounts
University of Limerick Financial Report 2020 (12 May 2022)

Colm Burke: Perhaps we could be provided with a breakdown of that heading because it gives a very false impression of that issue. The second issue I will raise is one which many people have raised already, the proceedings currently pending that are preventing release of the report. Where are the proceedings at this stage? I presume proceedings have been issued and an appearance has been filed but, as I...

Public Accounts Committee: 2020 Report of the Comptroller and Auditor General and Appropriation Accounts
University of Limerick Financial Report 2020 (12 May 2022)

Colm Burke: What is the indication in that regard? If someone does not file a statement of claim, it can obviously be left in limbo for a period. Has the university given instructions to its legal team to be proactive and that if the statement of claim is not filed within a particular period that it should issue a motion for the proceedings to be struck out?

Public Accounts Committee: 2020 Report of the Comptroller and Auditor General and Appropriation Accounts
University of Limerick Financial Report 2020 (12 May 2022)

Colm Burke: I know Professor Mey cannot discuss the legal advice given, but if this goes to a full trial, have the legal advisers given a timeframe?

Public Accounts Committee: 2020 Report of the Comptroller and Auditor General and Appropriation Accounts
University of Limerick Financial Report 2020 (12 May 2022)

Colm Burke: But we could be talking about anything up to 12 months before we see this report.

Public Accounts Committee: 2020 Report of the Comptroller and Auditor General and Appropriation Accounts
University of Limerick Financial Report 2020 (12 May 2022)

Colm Burke: I was involved myself in a case, not acting for a third-level institution, involving an incident in a college which went for a full six days hearing in the High Court. The case was appealed to the Supreme Court, which ordered a retrial, and it went back into the High Court for a further four days and then back into the Supreme Court again. The third-level college picked up the entire cost of it.