Debate on compulsory purchase of NMH site halted after legal advice, Donnelly says

The possibility of obtaining a compulsory purchase order (CPO) on the proposed site of the new National Maternity Hospital (NMH) was discussed by the Government but rejected due to legal advice, the Minister for Health has said.

Stephen Donnelly told the Fianna Fáil parliamentary party meeting on Wednesday that while the CPO was seriously considered, the legal advice was that one of the parties to the agreement (St Vincent’s Hospital, the NMH or the State) could actually step back, or resile, from it.

He also told the meeting that the 299-year lease on the land was equivalent to ownership. He said that if a legal challenge was taken against a CPO of the site at St Vincent’s in Dublin 4, the State could lose a subsequent legal action on the basis that there was no need to own the land with such a long lease on offer.

Fianna Fáil TDs and Senators strongly backed Mr Donnelly in his efforts to press ahead with the NMH’s move from Holles Street to the Elm Park site. A large number of speakers at the parliament party’s weekly meeting in Leinster House praised his stance and condemned Fine Gael and Green Ministers who have argued against the proposal.

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Mr Donnelly and Taoiseach Micheál Martin spoke at the start of the meeting and were loudly applauded by colleagues.

Mr Martin repeated his view that the “Vatican would be nowhere near the new hospital” amid concern that the location on the campus at St Vincent’s, which has links to the Sisters of Charity religious order, could lead to issues with performing procedures seen as going against Catholic teaching.

‘Off the pitch’

Mr Donnelly told colleagues: “The sisters are gone. They are completely off the pitch.”

Senator Lisa Chambers said three previous Fine Gael health ministers had failed to get the project over the line and had actually sanctioned a deal involving fewer protections than what Mr Donnelly had secured.

“Yet some in Fine Gael are expressing concern now,” she said.

A number of other TDs and Senators also criticised Fianna Fáil’s Coalition partners, Fine Gael in particular.

“There was a lot of disgruntlement at Fine Gael in particular,” said one TD who attended the meeting.

Ms Chambers and several other speakers referred to the reassurances of clinicians - particularly master of the NMH Dr Shane Higgins and his colleague Dr Rhona Mahoney - and said that the State could not afford to wait another decade for the hospital.

Mr Donnelly said in reply that the clinicians were really frustrated with the delays.

In his comment to the meeting, the Taoiseach expressed frustration at the delays, posing out that this project has been ongoing since 2013 and had not yet received final approval.

‘Golden share’

He said that the 299-year lease, the addition of two public interest directors and the ‘golden share’ held by the Minister in the new hospital’s operating structure were the strongest safeguards.

“A total of 52 clinicians in Holles Street support the move and are clear that all legal clinical procedures will be available in this new modern hospital. The women of this country deserve modern world class facilities and we must also deliver modern neonatal facilities to ensure the best outcomes for all,” he said.

Turning briefly to the State’s humanitarian response to the war in Ukraine, Mr Martin said that more than 28,000 PPS numbers had been issued to Ukrainian refugees arriving into Ireland and that more than 13,000 had been issued with medical cards to date.

In a downbeat assessment, he told his TDs and Senators: “It is clear that this conflict is going to be drawn out and will impact all of Europe economically.”

Meanwhile, Tánaiste Leo Varadkar has said all concerns expressed about the NMH must be listened to before any decision is taken to give it the go-ahead.

Speaking to the Fine Gael parliamentary party, Mr Varadkar emphasised caution and spoke of the need to provide “reassurance and clarity”.

Contrast

He also told colleagues that a compulsory purchase order of the St Vincent’s Hospital land, existing buildings and site had been considered but could have cost the State many millions, taken years to complete and potentially be refused. His cautious message was in contrast to that of the Taoiseach, who had argued on Wednesday that a decision needed to be made.

Nevertheless, Mr Varadkar also defended the proposal, saying all legally permissible procedures would be allowed in the new NHM, that there would be no religious ethos, and no religious representatives on the board or in the ownership structure.

He said the facility would have inpatient accommodation in single rooms and would end the need for hundreds of Holles Street patients to be transferred to St Vincents for treatment not available there.