Right to nominate TDs to health boards ‘must go’

A LEGAL loophole will allow Health Minister Micheál Martin to still nominate TDs to health boards even though they will be banned from sitting on them once they lose their dual mandate later this year.

Environment Minister Martin Cullen is bringing in legislation to abolish the dual mandate which allows TDs who are councillors to also sit on health boards and local authorities.

However, Fine Gael revealed yesterday that Mr Martin would still retain the right to nominate TDs to health boards.

Fine Gael environment spokesman Bernard Allen called on the Government to close this legal loophole immediately.

“The health minister’s right to nominate TDs to health boards must go if the Government is serious about getting rid of this dual mandate once and for all.”

"It would be totally unfair if the health minister still had the power to nominate a select group of Dáil deputies to health boards when other TDs, who were also councillors, would be forced to give up their seats," Deputy Allen said.

The environment minister is aware of this loophole but he does not have the power to close it off in legislation, his spokesman said.

That power rests with Minister Martin who would have to amend the 1970 Health Act to close off the

loophole.

Mr Martin’s spokesman said he was about to receive an extensive audit on the structures of the health services carried out by Prospectus Consultants.

“We are expecting a change in the 1970 Health Act to follow the publication of this audit,” the spokesman added.

Asked if Mr Martin would amend the law to close off the dual mandate loophole, his spokesman said: “This all depends on the recommendations contained in the health services audit report.”

Meanwhile, Fine Gael TD Michael Ring confirmed yesterday that he is pressing ahead with his Supreme Court challenge to the constitutionality of the Local Government Bill 2003, which proposes abolishing the dual mandate.

Deputy Ring has written to politicians in all parties seeking financial support to mount his Supreme Court challenge, and he said yesterday he had received plenty of pledges of support.

“I am confident of raising the target of 40,000 if need be,” he added. Several ministers are concerned that Deputy Ring’s Supreme Court challenge may succeed.

And they believe the Government could be saved this embarrassment if President Mary McAleese summoned a meeting of the Council of State to consider the Bill before it is signed into law.

The President has the power to summon the Council of State to consider a Bill not later than seven days

after it is presented by the Taoiseach for signing into law. The council could then refer the Bill to the Supreme Court to test its constitutionality before it is signed into law.