Results 5,001-5,020 of 11,187 for speaker:Colm Burke
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: But Mr. McGarr is here giving a legal advice. One of the issues being put out is that we should not be taking a lease. This is something Mr. McGarr is saying, that we should not be taking a lease.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: But if we cannot acquire by way of compulsory purchase the freehold interest, what is the next best option?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Mr. McGarr should be clear now on this. Under this senior counsel opinion, he is saying that the State may not - I am not saying it would not - be able to acquire the lands under a compulsory purchase acquisition.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Can I will move on to the issue about the lease because Mr. McGarr referred to it in his presentation about the first schedule?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: I am wonder if Mr. McGarr has the lease in front of him.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Under the words "FIRST SCHEDULE", there is, in brackets, "the Premises".
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Mr. McGarr is saying that, in fact, St. Vincent's will own the premises?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: But does Mr. McGarr understand the word "demise"? The word "demise" is, in other words, we are giving. Instead of transferring, we are demising. We are giving. The lease states that the agreement "HEREBY DEMISES unto the Tenant ALL THAT the Premises ..." The premises are the premises described in the first schedule.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: It goes on to state that is to apply for the term, which has already been defined as 299 years. In other words, St. Vincent's does not own the premises. It has demised the premises and therefore the lessee, which is the NMH, will be the owners in real terms.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Yes, but they also are fully in charge of the premises.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Let us go through the restrictions which are set out in paragraphs 4(a), 4(b), 4(c), 4(d), 4(e) and 4(f). Paragraph 4(a) refers to "the Tenant (or another State Authority with primary responsibility for the funding of Public Hospitals and the provision of public healthcare facilities)". That is the covenant. The lands must be used for public healthcare facilities. Paragraph 4(b) states...
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: They are restrictions but these are standard in leases. Mr. McGarr is doing leasehold work all the time, including commercial leases.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: I am not. Mr. McGarr raised the issue of restrictions.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Mr. McGarr is dealing with commercial leases every day of the week.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Does Mr. McGarr not deal with commercial leases?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Does Mr. McGarr not have expertise in commercial leases?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: No, the question I asked is whether Mr. McGarr has expertise in commercial leases.
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: A 299-year lease is being granted in this case. Paragraph 6.1 of the lease agreement states: The Landlord hereby covenants with the Tenant [which is the NMH] that so long as the Tenant pays the rents and observes and performs the covenants and the conditions of this Lease the Tenant may hold and enjoy the Premises and the rights hereby granted peaceably during the Term without any unlawful...
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: Is the effect of the clause I have read out not that the landlord cannot disturb what the tenant is doing on the premises?
- Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (Resumed) (12 May 2022)
Colm Burke: It is, therefore, a standard lease. It is no different from any other commercial lease that is given out in the commercial world.