Two HSE directors criticise 'unsatisfactory' National Maternity Hospital ownership deal

A model of the proposed new National Maternity Hospital on the St Vincent's campus. Picture: Gareth Chaney Collins

The two dissenting HSE board directors who opposed the National Maternity Hospital deal have broken their silence.

In a joint statement to the Oireachtas health committee, obtained by the Irish Examiner, Professor Deirdre Madden and Dr Sarah McLoughlin say that St Vincent’s Hospital's claim that they must retain ownership of the land “is unsatisfactory” and runs contrary to the argument that the location of the underlying freehold ownership has no bearing on the governance or operation of the hospital.

The duo added that at the time of the HSE board decision on March 14, 2022, the transfer of shares in St Vincent's Hospital group from the religious Sisters of Charity had not occurred, “and we held concerns regarding realisation of that transfer”.

While the shares have since been transferred from the Royal Sisters of Charity to a new company, St Vincent's Holding CLG, we believe that in the interest of the public trust and confidence in this new project, there should be absolute clarity on the separation of Church and State,” their statement says.

This would have been better achieved if the State owned the land on which the hospital was built, in line with the recommendation of the Day Report in 2018, they argue.

The pair said they also have “concerns about the governance of the new hospital arising from the nomination by St Vincent's Hospital Group of three directors to the board of the new National Maternity Hospital”.

“It is not clear why retaining freehold ownership of the premises has resulted in an agreement that enables St Vincent's Hospital group to nominate one-third of members of the National Maternity Hospital board, as well as the chair of that board on a rotating basis every three years,” their statement says.

They also say that although the agreed clause in relation to services will facilitate the provision of all legally permissible services at the new maternity hospital, “boards also influenced the culture, values, and ethics of the entity they govern” .

This gives rise to legitimate concerns for us about the potential influence of ethos,” they state in their comments to the committee.

"We do not wish to make any further public comment, as is now a matter for Government."

Minister's plea to Cabinet

Their letter comes as Health Minister Stephen Donnelly addressed the Fine Gael party as to their concerns and was said to be “pleading” to them to support the proposal.

It is understood that TDs Emer Higgins and Jennifer Carroll MacNeill, and Senator Regina Doherty, raised concerns.

Ms Doherty said that if the matter around ownership is not clarified there will be tens of thousands of people on the streets protesting about it.

It is understood that Ms MacNeill and Ms Higgins also demanded such a list.

Mr Donnelly is said to have relied on his advice from the Attorney General Paul Gallagher that the deal has an extraordinary amount of protection for the State given the constitution of the new hospital, the golden share held by the minister, and the 300-year lease.

He is also set to address the committee on Wednesday morning to allay concerns held by Oireachtas members.

Speaking after the meeting, Justice Minister Helen McEntee said her party had a really positive meeting with Mr Donnelly on the proposed move to St Vincent's Hospital.

"I fully support this proposal by Minister Donnelly - I always have. But I think what's really important is that time is used to ensure that the facts ... are out there, because I believe people have genuine concerns," she said.

Ms McEntee added: "What I'm clear about is that there are absolutely no circumstances under which I as a legislator - but also as a young mother, a young woman - would agree to anything other than a world class National Maternity Hospital - one that provides absolute clinical and operational independence ... but also one that provides the services that the women of this country are legally entitled to."

Speaking to RTÉ News, she said these included services such as post-natal care, gender re-assignment, access to human reproduction, access to safe abortion. 

"I am absolutely convinced, and I'm certainly re-assured with the discussion this evening that what is proposed by Minister Donnelly will do all of that," she said.