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

Colm Burke: It is quite clear in this case that as long as the tenant is providing healthcare services, maternity services, it is complying with the terms.

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

Colm Burke: We are going around in circles on this issue. The licence is going to be granted by the HSE. The landlord is aware that a licence is going to be granted by the HSE. Therefore, the landlord will be aware of the licence that will be granted.

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

Colm Burke: The licence specifically provides for the HSE, because it is under control of the Department of Health and the legislation clearly sets out what is involved in healthcare in this country, and, therefore, any licence granted by the HSE must be fully in compliance with the legislation.

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"?

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