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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.

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

Colm Burke: They own the premises they occupy.

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

Colm Burke: I thank Professor Higgins very much for his presentation here this evening, and all the witnesses for making their time available and for their contribution to progressing this project. I know that they are all very busy. We heard earlier from Mr. Simon McGarr, a solicitor, who outlined that under the 299-year lease the buildings will not belong to the State but to the St. Vincent's...

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

Colm Burke: What about the issue of permitted use?

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

Colm Burke: Every other legal practitioner would accept a leasehold title of 299 years as good title to acquire.

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (11 May 2022)

Colm Burke: Do I get 15 minutes as well?

Joint Oireachtas Committee on Health: New National Maternity Hospital: Discussion (11 May 2022)

Colm Burke: The last speaker did.

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