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

Colm Burke: No. The licence that the NMH-----

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

Colm Burke: The NMH will have to comply with the terms of the licence.

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

Colm Burke: If it cannot comply with the terms of its licence, is it not then in difficulty?

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

Colm Burke: Going back to the lease, does Mr. McGarr accept that they are going to be the owners and controllers?

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.

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