The Labour Party says it is "deeply concerned" about Government plans to introduce emergency health legislation before Christmas, and Sinn Féin has pledged its opposition to aspects of the legislation which facilitated the project for co-location of private and public hospitals.
However, a spokesman for Minister for Health Mary Harney said the urgent introduction of this "technical legislation" was required following legal advice from the Attorney General.
The Bill was discussed yesterday by party whips. Opposition frontbench representatives have also been briefed.
The Minister's spokesman said the Attorney General had advised that various health bodies set up under 1961 legislation could be "vulnerable" to challenge.
The Health (Corporate Bodies) Act 1961 allowed the minister for health to establish bodies in relation to the provision of a health service.
There are currently 19 bodies set up under the legislation, including the Blood Transfusion Service Board, St James's Hospital Board, Beaumont Hospital Board, Dublin Dental Hospital Board, the Crisis Pregnancy Agency and the National Treatment Purchase Fund.
The legal flaw was discovered when the functioning and funding of the newly-established National Paediatric Hospital Development Board was under consideration in the Department of Health in mid-summer.
Separately, the Minister was provided with legal analysis on June 22nd that suggested there might be complications related to the co-location of private hospitals in the grounds of St James's and Beaumont.
The Bill is to be published today, and it is proposed to have it fully considered by the Dáil and Seanad before Christmas, with December 18th (Dáil) and December 20th (Seanad) provisionally scheduled.
"The Attorney General has concluded there is a serious risk, in the event of a constitutional challenge being brought, that the provisions of the Act would be held to be invalid, having regard to the provisions of Article 15.2 of the Constitution. He recommended that, as a matter of urgency, primary legislation should be enacted to confirm the orders which have been made to date under the Act," according to a Government briefing document.
Labour TD Liz McManus said in a statement: "If there are genuine doubts about the legal status of the 19 bodies, then clearly the Oireachtas must act to deal with this situation. However, the Labour Party is deeply concerned at the lack of notice we have been given in regard to this matter."
Sinn Féin's health spokesman Caoimhghín Ó Caoláin said his party would "oppose legislation that facilitates the Government plan to 'co-locate' private for-profit hospitals on public hospital sites".
"While it will be necessary to address the new Bill in detail it is already clear that key sections of the Bill are designed to facilitate Minister Harney's plan to allocate land at public hospital sites to developers of private for-profit hospitals."
