How will they be described in the school accounts?

I wish to raise a different issue with the Taoiseach. Last Thursday, after the Order of Business in the House, the Opposition parties were informed of the Government's intention to introduce emergency legislation in the House this week to protect the legal status of 19 agencies established under one of the Health Acts because the Attorney General had raised questions about their legality or legitimacy. There is nothing new about emergency legislation, which is a fairly common feature of the manner in which the Government goes about its business, plugging legislative loopholes here, there and everywhere.

However, a number of things are somewhat odd about this particular emergency legislation. First, we learned that the Cabinet decided on this emergency legislation on 4 December last and did not tell anyone about it for ten days. I refer in particular to the other Members who will be obliged to deal with it. Second, we learned that the Attorney General gave this advice to the Government last October. It must be some emergency that would cause the Government to sit on it for two months and then introduce emergency legislation in the last week before Christmas. Third, a number of bodies such as the Fire Services Council, Irish Water Safety and the National Safety Council have been established under identical local government legislation and no issue has been raised about their status. This emergency legislation looks doubtful, to put it mildly.

However, the Bill that was published last week contains a provision relating to the transfer of land from Beaumont Hospital and St. James's Hospital for the purposes of the co-located private hospitals. It appears that a legal obstacle has been raised regarding the right of the two hospitals, the Health Service Executive and the Government to transfer lands at the two hospitals for the proposed private clinics. It appears the legislation being introduced in the House later today is not to plug some legislative loophole but to provide a legislative basis, under the camouflage of emergency legislation, to allow the Government to hand over publicly owned hospital lands for privately run clinics at Beaumont Hospital in Deputy Finian McGrath's constituency and at St. James's Hospital. Why was nobody told about this legislation if a decision was made thereon on 4 December? Why did the Government sit on it for two months after the Attorney General gave his advice last October? If emergency legislation is required to deal with the health agencies, why is similar legislation not being introduced to deal with the agencies established under very similar local government legislation?

On the last question, the legislation referred to will be necessary and a separate Bill will have to be introduced by the Department of the Environment, Heritage and Local Government.

That is not an emergency.

That is not an emergency.

Yes, but the legislation must be prepared. It will probably have to be produced very shortly.

What is the hurry with the Health (Miscellaneous Provisions) Bill 2007?

I will explain that to the Deputy if he wishes.

More money for Beaumont Hospital.

And more beds.

Watch this space.

Deputy Finian McGrath should let the Taoiseach reply.

In recent years there has been a growing preference for giving greater legal certainty to the underpinning of primary legislation. A number of powers have been exercised through secondary legislation and statutory instruments. The courts have given their judgment on the matter and the Attorney General has advised recently that the legislative basis for certain bodies created under the Health (Corporate Bodies) Act 1961 requires more secure grounding in primary legislation. We are bringing forward the required legislation for this purpose and it is necessary that we do so.

The legislation in question is the Health (Miscellaneous Provisions) Bill and it will deal with the legal issues in respect of the Health (Corporate Bodies) Act 1961 and amend the Medical Practitioners Act 2007. The Health (Corporate Bodies) Act 1961 provides that the Minister for Health and Children may establish bodies to perform functions regarding the provision of a health service, including any service relating to the protection, promotion or improvement of the health or welfare of people. The bodies established under the Act provide a wide range of important health and personal social services and involve substantial public expenditure. Nineteen bodies have been set up under the Acts under successive Governments since 1961.

Following long and detailed analysis, not only in this area but also in other areas given that the courts have raised the issue in respect of other areas, the Attorney General concluded that the powers conferred on the Minister for Health and Children by section 3 of that Health (Corporate Bodies) Act are so broad that there is a serious risk, in the event of a constitutional challenge to the provisions of the Act, that it would be held invalid having regard to the provision of Article 15.2 of the Constitution. The Attorney General has recommended, as a matter of urgency, that primary legislation be enacted to confirm the orders that have been made under the Act to date since 1961. That is the purpose of the proposed legislation. It is being taken at short notice and I therefore appreciate the assistance of the House in dealing with it.

I will assist the Taoiseach even more with it. I would be quite happy to reinforce the legal underpinning of the agencies in question quite speedily but the legislation that has been published contains an entire four pages that deal with the legal obstacle that arose regarding the transfer of the lands at Beaumont and St. James's hospitals for the purpose of establishing co-located hospitals. If the Taoiseach is prepared to remove this section from the Bill and deal with it separately at another time, we can agree to the legal underpinning without any problem.

The Taoiseach stated the Attorney General advised that the matter be dealt with as a matter of urgency. If he offered this advice last October, how come the matter only become urgent the week before Christmas? What on earth has the provision concerning St. James's and Beaumont hospitals to do with the legislation? The Bill represents a form of legislative camouflage to provide cover in the House. It is being stated there is some kind of emergency with regard to the legal underpinning of bodies in order to slip through legislation that will allow the Government hand over public hospital lands for use by private hospitals.

Hear, hear.

When did the Government receive the original legal advice that there was a legal obstacle concerning the transfer of the lands at Beaumont and St. James's hospitals? I have been told it received it early last summer before it concluded a programme for Government with the Green Party and before Deputy Finian McGrath signed up to it. In order to save their blushes this evening over having to vote for legislation that would transfer the lands directly, the Government has devised this concoction of emergency legislation into which it has slipped a provision concerning St. James's and Beaumont hospitals. When did the Government receive the original advice that there was a legal obstacle to the co-location plans for the two hospitals? Will the Taoiseach remove the relevant section from the Bill, in which case we can save ourselves much time tonight?

What the Deputy alleges is not the case. There are 19 bodies included in the legislation. It covers establishment orders for St. James's, Beaumont, St. Luke's and Leopardstown Park hospitals, in addition to the Dublin Dental Hospital, the National Haemophilia Council and the Drug Treatment Centre Board——

What about the co-located hospitals?

I will deal with co-location in a moment. These bodies are all covered by the legislation according to the judgment of the Attorney General. The Irish National Cancer Registry, the Women's Health Council, the National Council on Ageing and Older People——

We will agree on those.

We will agree on those.

I appreciate that. I will deal with the one the Deputy does not want included.

Under the programme for Government, we are committed to providing an additional 1,500 public acute hospital beds. The co-location initiative aims to deliver 1,000 of these for public patients through the development of private hospitals on public sites. The intention is to transfer private property activity to those hospitals, thereby freeing up the capacity for public patients. The 500 acute hospital beds in the balance are in various stages of planning under the HSE's capital plan. The co-location initiative is the most effective and fastest way to achieve this.

Fianna Fáil and the Progressive Democrats only got 80 seats and therefore did not get a mandate from the electorate.

It is expected that the co-located private hospitals will most likely open within three years of receiving planning permission. The board has approved the successful bidder status for Waterford, Cork, Limerick, Sligo and St. James's hospitals. The HSE and the board of St. James's Hospital are working with the preferred bidders to finalise the project arrangements for the sites.

St. James's Hospital is one of the bodies in question and there is no secret about this. It was stated clearly by the Minister for Health and Children. Legislation is needed to put all the bodies I have mentioned on a sound legal footing and it is therefore necessary.