asked the Minister for Health if the members of a health authority have power under section 4 of the City and County Management Act, 1955 to direct a county manager or chief executive officer to refrain from suing persons for health service charges imposed under section 15 of the Health Act, 1953 where it appears to the members of the health authority that an inordinate number of persons are being sued in relation to the practice prevailing generally throughout the country; and if the members of a health authority may direct a manager not to sue persons for health service charges without the prior consent, by resolution, of the health authority.
Ceisteanna—Questions. Oral Answers. - Health Service Charges.
3.
Both of the issues raised by the Deputy involve the question of requiring the County Manager or Chief Executive Officer to proceed in a certain way in the discharge of his functions. If the members of a health authority were to take action on the lines suggested in the question there might in consequence be an appeal to the Minister for Health under Section 4 of the City and County Management (Amendment) Act, 1955. Having regard to the fact that I might in the future be called upon to discharge this appellate function, it would not be proper for me at this stage, to express a view on the points raised by the Deputy.
Does the Minister realise that I am asking him for a ruling on the particular section of the Act? He is in charge of the Department. Surely he can say whether or not the local authorities are the last word——
As there is a concession upon appeal in this case, I can deal only with specific cases: I cannot give any general rule.