The cardiologist and Nationalist MP Albert Fenech, who described the Health Minister’s plan to split the cardiology department in two as “ignorant”, has lost his legal bid to halt the measure.

Mr Justice Joseph R. Micallef dismissed Professor Fenech’s request for a permanent injunction after he failed to prove that Minister Godfrey Farrugia’s decision was illegal or that it went beyond his legal remit.

Prof. Fenech had earlier this month managed to secure a temporary injunction against dividing the Mater Dei Hospital cardiology department into surgical and medical units.

Taking the witness stand last week, Prof. Fenech, who used to be chairman of the department and was behind the amalgamation of the two departments 19 years ago, argued that “there was no scientific, administrative or reasonable explanation given for the split”.

He said the decision was taken out of ignorance and would be detrimental to patients’ health.

He also complained that he was never consulted on the decision, despite having years of experience in the field and having run the department for a decade.

Mr Justice Micallef ruled yesterday it was Parliament that scrutinised the minister’s behaviour, and Prof. Fenech did not prove he had made an illegal decision or went beyond his powers.

Ministers are accountable to Parliament for what they do with regard to policy

Ministers “are accountable to Parliament for what they do with regard to efficiency and policy, and of that Parliament is the only judge; they are responsible to a court of justice for the lawfulness of what they do, and of that the court is only judge”.

Mr Justice Micallef added that “the courts regard their primary role in administrative law as the maintenance of standards of legality rather than ensuring that administrative bodies get their facts right, although a tendency to require factual reliability as a condition precedent of legality is discernible”.

In dismissing the request, the temporary injunction was withdrawn.