Taoiseach Bertie Ahern insisted in the Dáil that a failure by the Minister for Health to formally notify the Houses of the Oireachtas in 2005, of a policy to begin the hospital co-location process, was "an administrative oversight".
Labour leader Pat Rabbitte claimed that "an admitted breach of the (Health) Act is not an administrative oversight" and any contract to build private hospitals on public hospital grounds could now be open to legal challenge.
Mr Rabbitte said Minister for Health Mary Harney had failed to notify the Oireachtas in 2005, within 21 days of her direction to the HSE, relating to the building of private hospitals on public hospital grounds. Under section 10 of the Health Act 2004 any policy direction to the HSE must be laid before the Oireachtas within three weeks.
Mr Ahern pointed out that the department last week issued a press statement "indicating its regret concerning the administrative oversight and acknowledged the error in not having informed the Oireachtas in the manner prescribed and stating that it was taking immediate steps to rectify the situation by ensuring that copies of the policy directions issued would be laid before the Houses forthwith. The documents were laid before the Houses last Friday, April 20th."
Mr Rabbitte asked if the Government intended to proceed with the contracts, and alleged that one Fianna Fáil backbencher claimed a Government Minister had assured him that it would not happen.
Mr Ahern, who reiterated his support for the project, said tender documents for a number of hospitals had been issued on April 19th and had to be submitted by May 17th. The HSE would evaluate the tenders and select the successful bidders. There would then be a stand-off for two weeks before an agreement was signed, the Taoiseach added.
