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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

National maternity hospital land CPO

Summary

Deputy Smith raised legal advice suggesting the State could compulsorily purchase the hospital site to secure control of the national maternity hospital lands. The Tánaiste said CPO was legally possible but could delay the project and damage cooperation.

I am aware that the Tánaiste, the Taoiseach, the Minister for Health, all members of the Cabinet and every Member of this House has received expert legal counsel from senior counsel, Stephen Dodd, in regard to the national maternity hospital and the possibility of it being constitutional for the State to compulsorily purchase the lands on which it sits. The senior counsel argues that the matter is of such importance to the State, there is a legitimate State interest in achieving certainty which can only be secured by the State having full control through ownership of the relevant land and assets currently in the ownership of the Religious Sisters of Charity. Is the Tánaiste aware of the legal opinion? Has the Government discussed it and when will we see movement on this issue?

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Leo Varadkar The Tánaiste Fine Gael

I am aware of it, but I have not yet had an opportunity to read it from cover to cover as it is about 60 pages long. The argument is that it could be legally possible for the State to purchase that land by CPO. I do not doubt that. I have said in this House previously that compulsory purchase of the land is an option, but it is an option that has consequences. It could delay the project and that would have a negative impact on women, children and staff and it might also result in the loss of co-operation with the project on the part of St. Vincent's Hospital. We need to bear in mind that this is not a new stand-alone hospital, or a new hospital that is just connected by a corridor through the air; this is a new hospital that will be integrated floor-by-floor with St. Vincent's Hospital. Even if the CPO was pursued, and it could be pursued, you would have to consider what the unintended consequences might be in terms of delaying the project or losing the co-operation of St. Vincent's Hospital, which is essential to the integration of the two hospitals.

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