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

David Cullinane: We are talking now about the potential of either a definition, a removal, or an addendum to what are legal contracts.

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

David Cullinane: Or it remains a letter of comfort.

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

David Cullinane: My point is that up to now, as Mr. Menton sits here today, he has had no communication from the Minister that there may be an ask, on their behalf, to the St. Vincent's Healthcare Group that they would accept either the removal of the definition or an addendum.

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

David Cullinane: Okay. Can I come to the ownership of the land? In his opening statement, Mr. Menton said that St. Vincent's Healthcare Group owns the land, which is true. Is it correct to say that the group owns the freehold?

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

David Cullinane: Mr. Menton said in his opening statement, and I have no reason to dispute this at all, that the land was transferred to the group. Mr. Menton said: "The April 2022 transfer of the RSC's SVHG shareholding to SV Holdings ... was the last formal step in the reaching the Board's objective of becoming a truly secular organisation". Mr. Menton also said that there were no preconditions in...

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

David Cullinane: I am accepting that this is the case and this is what Mr. Menton said it was. We will take that at face value. Were there any other preconditions?

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

David Cullinane: Non-religious.

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

David Cullinane: Were any of those conditions shared with the Minister and the HSE?

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

David Cullinane: Would it have had a copy of, or had sight of, all of the correspondence from the religious order and the St. Vincent's Healthcare Group or St. Vincent's Holdings in relation to the religious order removing themselves completely from it?

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

David Cullinane: There is no other correspondence.

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

David Cullinane: That is okay.

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

David Cullinane: I am trying to establish that there were absolutely no preconditions of any nature, apart from the ones that Mr. Menton has cited, which are quite technical. There are no preconditions. So, essentially the St. Vincent's Healthcare Group is the sole owner of the land to do with the land what it pleases.

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

David Cullinane: Absolutely no preconditions.

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

David Cullinane: The group could dispose of the land and make decisions around the land, and it is in the gift of the board to make a decision, if it so wanted, to gift the land to the State, if that is what they wanted to do. There is no legal reason that cannot be done. There is no block from the Sisters of Charity and there are no preconditions.

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

David Cullinane: As Mr. Menton will understand, it is a very clear question. It is an issue that many people have raised. I will go through in a few moments this arrangement that we have landed on. Mr. Menton has spoken about the impossibility of managing what I assume he means to be a HSE hospital on the grounds of Elm Park where there is a private hospital and a voluntary hospital. I am not sure that...

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

David Cullinane: That does not prevent it from doing so.

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

David Cullinane: Is this not part of the problem here? I am looking at a report from the Comptroller and Auditor General, which I believe is from 2010-----

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

David Cullinane: It looked at 16 voluntary hospitals and I will read the conclusions: Sixteen voluntary hospitals and a number of other health services providers are effectively integrated into the public healthcare system. However, these entities function as arms-length bodies with their own legal status and with capacity to transact business in accordance with their own constitutional arrangements....

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

David Cullinane: A few moments ago Mr. O'Raghallaigh spoke about one of the reasons, or one of the impediments, that is now being put up, which is the first time I have heard this. Up to now we have been told by St. Vincent's Healthcare Group that the reason there is a reluctance on the group's part to transfer the land to the State is because of the need for the integrated campus.

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

David Cullinane: That is the reason we have been given. It was not about assets. It was not about any of those issues. It was not me that introduced this, with respect, it was Mr. O'Raghallaigh. The Comptroller and Auditor General's report back in 2010 cited concerns.

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