The Minister for Health cannot intervene in a dispute which saw the State's national specialist centre for tuberculosis refuse to accept the transfer of an patient with an acute form of the infection.
A spokeswoman for Mr Martin said it was impossible for the Minister to get involved because Dublin's Peamount Hospital is currently involved in a legal dispute with its former medical director, Prof Luke Clancy.
This morning, Opposition politicians called for the Minister to intervene in the dispute and for an investigation into management procedures at the hospital after management refused to receive new admissions.
The Irish Nurses Organisation and the Irish Medical Organisation have jointly called for a meeting of the high level group established under Sustaining Progress to discuss service delivery changes at Peamount Hospital.
The issue concerns the refusal by management at Peamount to accept the transfer of an Eastern European man with open pulmonary tuberculosis from the Mater hospital.
With such an infection the man is highly-infectious and it would have been easier to isolate him in Peamount. He is currently stable and being treated in an isolation unit in the Mater.
A spokeswoman for Peamount Hospital said following a legal decision on Wednesday, the hospital could not admit any new patients.
In this legal decision the High Court amended an earlier interim injunction last Wednesday, preventing any admission to Peamount by Dr Clancy without the hospital's permission.
The refusal of the Minister for Health to get involved was criticised by Green TD Mr Paul Gogarty who claimed the issue of legalities was a diversion.
"This has absolutely nothing to do with the matters that are currently before the courts. It is about long term patient care for sufferers of chronic respiratory disorders. The issue is now in a dangerous limbo following a decision by Peamount management not to admit any new TB patients," he said.
It is understood the man is now being treated in the Mater with a range of antibiotics and is being barrier nursed.