Significant day for women’s health as Government approves legal framework for National Maternity Hospital relocation
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From: Department of Health
- Published on: 17 May 2022
- Last updated on: 18 May 2022
The Minister for Health Stephen Donnelly has welcomed the government’s approval of the legal framework that will underpin the ownership and governance arrangements for the new National Maternity Hospital (NMH) at the St Vincent’s University Hospital campus at Elm Park. This follows the recent agreement by Cabinet to allow for additional public debate and scrutiny of the documents relating to the framework.
The legal framework has also been approved by the HSE Board as well as the Boards of the NMH and St Vincent’s Healthcare Group (SVHG).
Minister Donnelly said:
“Today is an important milestone as we work to improve maternity services for the women and children of Ireland. The new National Maternity Hospital is a critical piece of health infrastructure that will ensure women and infants are cared for in a state-of-the-art hospital that will help our clinicians deliver improved outcomes.
“I would like to pay particular tribute to all of those from across our maternity services, from nurses to midwives to clinicians, along with the management and administrative teams behind them who have worked hard over the last two weeks to address and bring clarity to the genuine concerns of many relating to our new Maternity Hospital.”
The Minister continued:
“This announcement is the culmination of many years of dedication, engagement and hard work and I would like to thank all of those who have contributed so much to bring us to this exciting stage in the life of this vital project.”
The legal framework addresses both the ownership and governance of the new hospital. It will:
- ensure that all legally permissible services will be available in the new NMH
- prevent any influence, religious or otherwise, on the operation of the new hospital
- safeguard the State’s significant investment in the hospital
Minister Donnelly said:
“There were concerns that access to essential healthcare services could potentially be restricted due to the religious beliefs or ethical code of the hospitals concerned. I am absolutely satisfied that this legal framework ensures this will not be the case and that all lawfully permissible services will be provided in the new NMH, as they are in the current NMH.”
In recognition of this crucial step in the provision of first-class maternity care, Paul Reid, CEO of the HSE, said:
“Delivering the new NMH at the St Vincent’s campus is a hugely important development in our efforts to improve maternity and gynaecology services in Ireland. The approval of the legal framework by all key parties brings us one step closer to making this new hospital a reality.”
It is well recognised that the buildings at Holles Street are no longer fit for purpose and the need to redevelop the NMH has been accepted for many years. The National Maternity Strategy sets out a vision for future maternity services, where women are treated with dignity and respect in an appropriate physical environment.
This new hospital is a vital step towards that vision. More than just a building, it will also support best outcomes in women’s health through co-location with adult services, and by supporting the Sláintecare vision of high quality, accessible and safe care.
Notes
View documents relating to the legal framework.
The proposed corporate and clinical governance arrangements for the new NMH were set out in the Mulvey Agreement, agreed between the NMH and St. Vincent’s Healthcare Group in 2016. The Mulvey Agreement provides for the establishment of a new company - National Maternity Hospital at Elm Park DAC - which will have clinical and operational, as well as financial and budgetary independence in the provision of maternity, gynaecology, and neonatal services.
The legal framework that has now been agreed between the HSE and the two hospitals and approved by Government, copperfastens these arrangements and, as such, will ensure that all legally permissible services will be provided at the new hospital. In addition, the strengthened legal framework will ensure that the State’s investment is appropriately protected.
Under the legal framework the HSE will lease the site for the new NMH from SVHG for 299 years. The HSE will own the building for the entirety of its useful life. The lease period is far in excess of the useful, functional life of the hospital and also double the previous proposed length of the lease.
The HSE will grant an operating licence to the new NMH at Elm Park DAC (a voluntary hospital) to run the new hospital under a Service Level Agreement. Under the operating licence, both the NMH DAC and SVHG are obliged to preserve the clinical and operational independence of the NMH DAC.
The Constitution of the NMH at Elm Park DAC has also been finalised and this document sets out clearly and transparently what will be provided by the NMH at Elm Park DAC, how it will be governed and what its powers are.
The Constitution includes provisions to underpin the clinical and operational independence of the NMH at Elm Park DAC. Including that the hospital’s objective is to provide all clinically appropriate and legally permissible services. In addition, the Minister for Health will own a golden share in the company and will have three public interest nominees on its Board of nine and will have the power to direct the Board in relation to ensuring that all lawfully permissible services are provided there.
The Religious Sisters of Charity will not play any role in the governance or operation of the new NMH. The Sisters have completed the transfer of their shares in SVHG to the charitable entity, St Vincent’s Holdings CLG and no longer have any involvement in SVHG.
Separate to the legal framework, and as required under the Public Spending Code, the Department of Health is currently reviewing the draft Final Business Case for the NMH project, prior to its consideration by the Department of Public Expenditure and Reform. Pending the outcome of that process, the NMH project proposal will be the subject of a separate Memorandum for Government in order to proceed to tendering.