The Health Ministry maintains that the procedure applied when the ambulance tender was scrapped was lawful and justified, and it was carried out in the interests of protecting public health, said the ministry's communications department in response to statements made by Prosecutor-General Maroš Žilinka, adding that whether actions taken by public authorities are unlawful or not can only be decided by a court.
"The Health Ministry respects the stance of the Prosecutor-General's Office but cannot agree with it," stated the communications department, claiming that the ministry has previously taken into account all rulings presented by the Prosecutor-General's Office.
Žilinka stated in a post on a social network that by halting the proceedings, the ministry as a public administration body, acted at odds with its legal obligation, refused to make a decision on the applications, thereby interfering to the detriment of the rights of the tender participants.
"After receiving the Emergency Medical Service Operations Centre's report on the results of the tender on 11 August, the Health Ministry returned the report to the operations centre on 12 August. The operations centre then scrapped the tender on 13 August, and the Health Ministry halted the proceedings regarding applications for a permit to operate ambulance stations on 8 October. By this, the ministry acted at odds with the law on health-care providers and the law on administrative proceedings," stated Žilinka.
According to Žilinka, the ministry as an administrative body did not respect the legal order by which it was bound by the result of the tender. A commission set up by the operations centre prepared a report on the tender. "After receiving the report on 11 August, the ministry was obliged to act and decide on issuing a permit or rejecting the application for a permit within ten days [of receiving the report]. However, it returned the report to the operations centre and didn't make a decision on the administrative proceedings based on the binding tender result," explained the PG.
Prime Minister Robert Fico (Smer-SD) wasn't disturbed by Žilinka‘s legal opinion, adding that he considers the matter closed in terms of taking political action against Health Minister Kamil Šaško (Hlas-SD).
"If I hadn't insisted on scrapping the tender, and if the Health Ministry had proceeded with it, I would have had to dismiss the minister," said Fico, praising Šaško for having a sense of reality and not being influenced by interest groups.
"The ambulance service tender was scrapped, no damage was incurred by anyone, and no one was favoured or disadvantaged in violation of the law. I'm doing all I can to make sure that no scandal is linked to this governing coalition," stated Fico, adding that there were many doubts and communication failures associated with the tender.
The opposition believes that Health Minister should resign from his post following the Prosecutor-General's (PG) Office's ruling.
The Emergency Medical Services Operations Centre announced a tender to select operators of ambulance stations in May. The opposition and part of the coalition criticised the tender mainly relating to a lack of transparency. The operations centre scrapped it in August.
Source: TASR
