Status of 12 state bodies in doubt

THE legal status of up to a dozen state bodies established by the Department of Environment is in doubt because of the same legal flaws that put question marks over 19 State bodies in the health area.

The Department of the Environment last night confirmed that it was considering advice from the Attorney General Paul Gallagher SC in relation to a Local Government Act dating from 1971.

The bodies set up under this act, whose legal status is now in doubt, include the Dublin Transportation Office; Fire Services Council; the Irish Water Safety Association.

The new difficulties were yesterday unearthed by Labour leader Eamon Gilmore following the announcement by Mary Harney on Thursday that she was rushing through emergency legislation to remedy a Health Act from 1961, which has been used to set up 19 bodies.

Ms Harney said that the AG advised her the act setting up 19 bodies may be vulnerable to constitutional challenge.

Mr Gilmore said that more emergency legislation would be required, as the 1971 act that gave the Department of the Environment power to set up the bodies was almost identical to the 1961 act that gave health the power to set bodies in its areas.

Last night, the Department of the Environment said: “The minister (John Gormley) will address the legislative position as necessary at the earliest opportunity.”