Brian Lenihan Jnr (Dublin West, Fianna Fail)

The Senator has raised the practical problems that can occur in the context of hospitals and schools. If one examines the issue of hospitals, one sees that a health board is a body established by law under the definition provided by the Act. In the case of a private hospital, other considerations would apply. It is not possible in legislation to provide an exhaustive list of whether a body is public or private in character. All one can do is lay down a test for the courts to apply. The test proposed, about which the Government made the "judgment call", was that the body should be established by law or a body through which any of the legislative, executive or judicial powers of the State were exercised. All I have said on this amendment is that it would add an additional test to the present one based on another standard and criterion, thus making the test confused and difficult to apply were the matter to fall for determination in the courts.

Amendment, by leave, withdrawn.

Section 1 agreed to.

NEW SECTION.