The Government received clear legal advice from Attorney General Paul Gallagher against proceeding with a compulsory purchase order (CPO) to acquire the site of the new National Maternity hospital, Minister for health Stephen Donnelly has confirmed.
Mr Donnelly said that the Government had received very “clear legal advice” that there was “absolutely no guarantee” that a CPO would succeed as the courts would regard a 300 year lease as equivalent to ownership.
“We would have to show that we need to own the land. I would imagine that St Vincent would say, or indeed the courts would say as well, you do own the land for the next 300 years. So come back to us in 300 years and we can have the conversation. But for the next 300 years, you essentially own the land,” said Mr Donnelly.
He said the Government was legally advised that a CPO order would add many additional years to the project especially if it were challenged and would also change the nature of its partnership with St Vincent’s Hospital – which owns the land – or might result in it withdrawing from the partnership.
“So we would be back to the option of trying to find a new site,” said Mr Donnelly.
The Minister insisted that there were no hidden agendas or motives behind St Vincent’s Hospital’s decision to grant a long-term lease rather than outright ownership of the land to the State.
“There is no hidden agenda that I have ever seen or that has ever been expressed to me,” he replied when asked about that suggestion.
“Are people suggesting that somehow the clinicians who work in St Vincent’s Hospital have a hidden agenda, all I’ve ever seen is one agenda, and it is what is written into their constitution.
“It’s what’s written into the constitution of the non-profit charitable company. It’s what’s written into the constitution of the new NMH to provide the best possible health care services for women, men and children in this country.”
Mr Donnelly was speaking in Dublin after attending an event to mark International Day of the Midwife.
He said the Government had worked really hard to increase the length of the lease from 99 years to 299 years. He argued that that was tantamount to ownership.
“To to all intents and purposes we own the land for the next 300 years. The question then is well, if we own the land for the next 300 years, can we not just own the land forever?
“I asked and the state had previously asked under Simon Harris, if we could be given the land or if we could buy the land. And the answer from St Vincent’s was well, for the next 300 years.”
Termination services
The Minister also said that eight of the 19 maternity facilities in the State do not provide termination services and all of those are HSE hospitals.
“So we own the land under the HSE hospitals, and yet all of the remaining maternity units not providing termination services are in hospitals that we own the land under. It’s the hospitals we don’t own the land under that lead the way,” he said.
The director of midwifery at NMH, Holles Street, Mary Brosnan said that in her 15 years in the position, she had never seen a case where a procedure could not be provided because of religious ethos.
“As of now we are providing the full range of services as you know: termination of pregnancy; fertility treatment, all of the other services like sterilisations, tubal ligation. All of those services are now currently provided and will be provided in the new state of the art facility.”
Dr Clíona Murphy, a consultant obstetrician who is also director of the HSE National Women’s and Infants Programme said that a state of the art maternity hospital was urgently needed in the State.
“I have no reservations regarding the clinical practices that are going to be taking place on the St Vincent’s campus. And I know my colleagues that work in Holles Street, you know, they would not move if their clinical practices were constrained. So I’d like to reassure you all on that note.”
