State to rush health legislation

The Government will rush emergency health legislation through the Dáil and Seanad next week to confirm that 19 boards, agencies and councils founded by the State have full legal standing.

The bodies include the Blood Transfusion Board, the St James’s Hospital Board, the Beaumont Hospital Board, the Health Research Board, the Crisis Pregnancy Agency and the National Treatment Purchase Fund.

All were established under the Health (Corporate Bodies) Act 1961. However, when another new body was being discussed by officials this summer, a query arose about the act and the matter was referred to the Attorney General.

The AG, Paul Gallagher SC, concluded there was a serious risk, in the event of a constitutional challenge being brought, that the provision of the act would be held to be invalid.

“He recommended that, as a matter of urgency, primary legislation should be enacted to confirm (the legal status of the bodies),” said a statement last night.

Labour and Sinn Féin last night asked why it had taken six weeks for the legislation to be drafted, in the light of the fact that the urgent need for the fault to be remedied had been stressed.

A spokesman for Health Minister Mary Harney last night said that it took six weeks because of the complex and technical nature of the bill.