Co-location of hospitals is in "serious doubt" due to the failure of the Department of Health to comply with the requirements of the 2004 Health Act, according to Labour Party leader Pat Rabbitte.
The Department of Health's failure to bring a policy document before the Oireachtas within 21 days of issuing a direction to the-then Health Service Executive chairman, Liam Downey, legally jeopardises the plan to co-locate private clinics on the grounds of existing hospitals, Mr Rabbitte claimed this morning.
The Department has acknowledged the error this morning but insists that the "oversight" does not affect the validity of policy directions.
Section 10 of the 2004 Health Act allows the Minister for Health to issue instructions to the HSE "for any purpose relating to this Act or any other enactment". It is necessary, however, for a copy of any such direction to be brought before the Houses of the Oireachtas within 21 days of issue.
Mr Rabbitte claims that because this condition was not complied with, it is possible that the process of direction may have to be restarted for legal reasons.
In a statement issued this morning The Department of Health rejected that claim. "An administrative oversight had led to copies of two policy directions not being laid before the Houses of the Oireachtas as required by that Act. This does not affect the validity of the policy directions."
Minister for Health Mary Harney is seeking to get the process of co-location under way before the upcoming election.
But Prof Brendan Drumm, chief executive of the HSE said last week that he had never directly discussed the idea of co-location with Ms Harney.
Sinn Féin spokesperson on health Caoimhghín Ó'Caoláin today said: "The co-location plan is ill-conceived, developer driven and destined to reinforce the unequal and unfair two tier health system.
"In order to benefit private profiteers for whom healthcare is a lucrative business the Government is going to tie the hands of the State with contracts. Public land and public money in the form of tax breaks will be going towards the privatisation of our health services. This is totally unacceptable."