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Dáil Éireann debate -
Thursday, 17 Jul 1924

Vol. 8 No. 14

DÁIL IN COMMITTEE. - MEDICAL BILL, 1924.—SECOND STAGE.

There is very little to add to what I said yesterday on the slightly more elaborate than usual speech I made upon the First Reading. The Bill is now in Deputies' hands, and it can be seen that it is very short and very simple. There are four clauses to it. The most important ones are the first and second. Section 1 provides:—

"All persons registered under the Medical Acts (whether admitted to the register before or after the passing of this Act) shall in Saorstát Eireann have the like rights, privileges, and immunities and be subject to the like obligations as persons so registered had and were subject to in Ireland prior to the establishment of Saorstát Eireann."

It also continues as at present constituted and with the same powers the General Medical Council and the Branch Council for Ireland, and gives the universities and medical corporations in the Saorstát powers of granting diplomas and holding qualifying examinations for registration under the Medical Acts as they previously had prior to the establishment of the Saorstát. The fourth clause has one important point to which I may make reference again. The third sub-clause states "This Act shall continue in force for one year from the passing thereof and shall then expire." I wish again to emphasise the point that that does not mean that this scheme is being continued for a year and must then be replaced by something new. It may be replaced by something new, or the present system may be continued for some time afterwards. That will depend upon what the Oireachtas decides some time between now and the expiration of 12 months from the passing of the Act.

I agree with the policy of the Government in arranging for the postponement. This is meant as a temporary Bill. This matter has been discussed for months past at great length not only in the Press of this country but also in the Press of Great Britain, and I should like to know what steps the Government have taken to find a definite and final solution of this problem. The Minister seems to think that this would depend upon the Oireachtas. But it is the duty of a Government to produce a policy; and in a delicate matter of this kind it is the duty of the Government to conduct negotiations with the parties concerned, and as the result of these negotiations to bring forward final proposals before the Dáil. In introducing this Bill on the First Reading, the Minister referred to a possible solution involving reciprocity or something less than reciprocity. This will be a very special test case, and it involves in a practical manner the status of this country and the benefits of the Treaty regime. And if in the next 12 months the Government are going to accept something less than reciprocity, it would be to the disadvantage of the medical profession in this country; and if the Government are contemplating such a thing, well, I think the Government are asking for trouble. The Minister has not stated whether the Government intends, during the 12 months, to make definite proposals to the British which will eventually form the basis of a final settlement in this matter.

I should like to have information in this matter as to what exactly the position would be if this Bill was not passed, as to whether the allegations made by some members of the medical profession are true, that if a Bill such as this did not go through, it would necessitate doctors who have taken out their degrees in this country passing another examination in England. Is that the case? Or is it the case that the fact of their taking out degrees in this country and going to England would enable them to practice in England on the payment of a very small fee? I should like a little information on that point and also some information as to the formation of this General Council. What are its relations, for instance, with the Privy Council in England? And who has the appointment of the Irish representatives on that General Medical Council? I understand that the Irish representative to be appointed on the General Medical Council in England must be and can only be appointed by the King of England. I should like a little information on those points before voting on the Bill.

I can answer Deputy McGrath in regard to one portion at all events of his question. The Board of the General Medical Council representing Ireland consists of men who are sent by the Universities and Licensing Bodies. The University of Dublin sends one whom it elects itself. The National University sends another; the College of Physicians sends one; the College of Surgeons sends one; the Apothecaries Hall sends one; and the Queen's University in Belfast sends one. Then there is one representative elected by the general practitioners of Ireland, and finally, there is one who is nominated by the Crown. That answers the question that Deputy McGrath has asked. During the introduction of the Bill the Minister said that he was giving a year to the medical profession in order that they should make up their minds as to what they wanted done in regard to the matter. As far as I know, the medical profession has made up its mind very definitely that it does not want to be placed in any worse position than it is at present. Some months ago the Government asked that a conference of the Universities and the Licensing Bodies concerned should be held to consider this matter. That conference met and spent several months in discussing this question. The conference consisted of two representatives from University College, Dublin; one from University College, Cork; one from University College, Galway; three from Dublin University; three from the College of Physicians; three from the College of Surgeons, and two from the Apothecaries Hall.

The conference which represented at all events the educational part of medicine as far as the Free State is concerned, spent a number of months discussing the question, and in the end it sent an unanimous report to the Government to say that if possible they should remain under the existing conditions and that they wanted no change, as far as it was possible to carry that out. I do not know whether the Dáil would attempt to listen to me, if I attempted to go through the three alternatives which were before this conference before they arrived at the unanimous conclusion that it would be very disastrous to the medical profession, and to medical education in the Saorstát if any change were made. Perhaps I might allude to the matter, because Deputy McGrath has raised the question as to what would happen under certain conditions. The first alternative discussed was the establishment of a separate Medical Council, and a separate Medical Register for the control of medical education, medical examinations, and the medical practitioners of the Saorstát, without relation to the existing Council of Great Britain.

Under this scheme practitioners qualified and registered in the Free State would not be allowed to practice in Great Britain or its Colonies. If such practitioners wished to practice in England they would require to pass an examination in England prescribed by some of the qualifying bodies. This examination would be of such a nature as the qualifying body would determine—at least it would be equal to the final examination. They would have to pay for that examination the fees that are paid for the ordinary diploma, and in addition would have to pay the registration fee. That altogether, I conclude, would amount to something like £100 put on them as an extra fee if they sought to practice in England. The medical students here who have no hope of obtaining employment in the Free State would naturally seek to get qualified in England, or Scotland, or the North of Ireland, so that they could be placed on the General Register. I do not know that I can take time to go into the question of the General Register on which the medical practitioners of England, Ireland, and Scotland, have been placed on an equality up to the present time, or to speak of the Colonial Registers by which Colonials are allowed to register if they sought permission and showed that their examinations are— not necessarily on an equality,—but at all events, of a degree that satisfies the General Medical Council. In order to get on this Colonial List, the Colonies have to apply to the General Medical Council for recognition, and their individual students then have to apply for registration of their diplomas. Then when they get on this Colonial List, the List is regarded as inferior to the general List, because on this List there are numbers of Indians, Canadians, and Australians. When a practitioner is looking for an appointment in England the General Register is looked up, and if his name is not there they rarely think of turning to the Colonial List, and when they do they feel they are turning to something somewhat inferior to the General List.

Let me say with regard to this, that there are at least 1,000 medical students in the Free State, and they are spending at least £150 a year each, and if they are driven elsewhere for education so as to get employment the Free State is going to lose a considerable amount of money. I calculate that £150,000 a year is spent by the parents on the medical students in the Free State. I think one might also, perhaps. assume that in many cases where parents are not tied in any way, and their sons and daughters have to go elsewhere to look for their education, the possibility is that these parents will follow them to the seat of their education in order to live at a cheaper rate, or to allow the students to live at a cheaper rate. That was the first alternative which was discussed by this conference. The second alternative was to establish a separate Medical Council and a separate register for the Saorstát, which should seek for and obtain from the General Medical Council of Great Britain reciprocity similar to that which now obtains between Great Britain and her Colonies. I might explain that if we were placed in the position of Canada or Australia we would have to apply to the Privy Council for recognition and then to the English Medical Council for recognition of our universities. At all events it is not compulsory on the council to recognise all the institutions in the Free State. It would be quite within their rights to fail to give recognition to certain of the licensing institutions here. As far as the reciprocity that has been spoken about is concerned, there must be under the existing circumstances application to the Privy Council, application to the Council of Universities, or Licensing Bodies, application even by the students, and even when that is obtained the name would only appear on the Colonial List.

The third proposal made would be the ideal one, and many of us when we began to consider this matter after the Treaty were fairly satisfied that it might be obtained. But the more we studied the matter the more we came to the conclusion that it would be impossible of attainment, namely, establishment of a separate Medical Council and a register for the Saorstát, with absolute control over the education and registration of the practitioners who qualified in its schools, while at the same time the registration of such practitioners in one country would give them ipso facto the right of registration in the other. Of course, this would require new and agreed legislation and it is essential that effective reciprocity should be assured before any change is made. We have nothing to offer the English Council in giving reciprocity to us. I think there is no doubt that if we asked and even if we were able to obtain reciprocity, so that all our graduates and diplomees would be placed upon the General Register, that the Colonies would come in and endeavour to claim a similar right. The General Medical Council have always set their faces against giving equality to the Colonies. I may say also that the establishment of a General Council and Register here would either cost the State a considerable amount of money or else the practitioners throughout the country would have to pay a yearly sum in order to run this Council.

As far as the distribution of those who qualified in the Free State is concerned, in the Register of 1922 there were 6,599 students who had qualified in the Free State. Of these there were resident outside of Ireland 52 per cent.; resident in Northern Ireland, 12½ per cent.; and resident in the Free State, 35 per cent. So that more than 50 per cent. of the students who qualified in the Free State are living outside of Ireland. A point that was made during the conference was that of the total number on the Register the number of Irish practitioners was slightly under 7 per cent., whereas the percentage of representatives on the General Medical Council, so far as Ireland is concerned, amounts to twenty-one per cent. So that we have at present a good deal more control, than the number of practitioners would entitle us to. There is no doubt that if we gave up association with the British Council we would lose entire control over the practitioners of Irish extraction and with Irish qualifications who are practising elsewhere.

It may not be out of place to say, as far as the penal clauses are concerned, that although reports are given of men in Ireland who have committed felony, or murder, or anything of that kind— although such cases as those are dealt with by the General Medical Council— there has never been any instance in which any practitioner has been brought before the Council for anything in the nature of political offence. As I started, I want to finish by saying that this Conference, representing all the Licensing Bodies in the Free State, was unanimous in the conclusion that it would be a very disastrous thing for any change to be made at present. They considered that the third proposition put forward would be the ideal one, but they would be the ideal one, but they would be very slow, indeed, to give up the existing conditions unless they were perfectly satisfied that the free reciprocity spoken of in that clause were assured. It would be a very serious thing for us to give up any rights we have unless we are assured that we are going to get equal rights in future.

In addition to this Conference I have a letter here from the Irish Medical Association, which represents the general practitioners throughout the country. The Irish Medical Association, at their annual meeting, last month I think it was, passed the following resolution:—

"That this meeting expresses the hope that no change will be made in the system of medical registration in the Irish Free State which would interfere with the right at present possessed by medical men qualified in Ireland who practise in Great Britain and the Dominions."

As far as the medical profession is concerned, we have here the Association which represents the entire profession throughout the country and we have also the opinion of the people engaged in teaching and who are connected with the Universities and Licensing Bodies. I have pleasure in supporting the Second Reading of the Bill. I am not explaining why it was necessary this Bill should be rushed, as I think the Minister did that sufficiently when he was introducing it.

I did not expect that there would be a discussion on the merits of this Bill or, as it turned out, on the merits of a Bill of a much more important character. The claim of the Bill to support lies in the fact, and only in the fact, in my opinion, that it intends to make valid certificates which were believed by large numbers to be already valid, and to prevent injustice to a considerable number of people who at present are on the point of taking out certificates. I want to protest against the assumptions that have apparently been made by Deputy Sir James Craig and to say that beyond the present Bill which deals with specific injustices or what would be injustices, there is a bigger and a much wider question to be discussed whenever any further action has to be taken. As the Minister for Justice so often reminds us, it is a question of angles, and if we are to continue to hold the idea that young men and women whose parents are in a position to enable them to spend £150 per year as medical students are for exportation, then we have got to recast our conceptions of education. This fifty odd per cent. of doctors who have been educated in Ireland and are practising abroad may have been explainable and understandable in the past, but surely it is not going to be suggested that we should continue to assume that several hundred young men and women per year are to be educated in universities and medical schools with the object that fifty per cent. or more of them must, when finished, go abroad? I take it, it is not the intention to aim deliberately at being a colonising people. If we are going to be a colonising people, we shall not send medical practitioners. Usually it is mainly rum and guns that they do the colonising with. But, quite seriously, I say that we ought not to proceed on the assumption that the schools, colleges and universities will for ever be devoted to the training of doctors or other professional people for practising in other countries.

One can usually foretell the angle from which Deputy Johnson approaches a question. It is an angle that ignores natural courses and in this case it has ignored the natural attraction that a wealthy and prosperous country has for the able and the adventurous. I think it is inevitable, as long as the United States exists, and as long as Great Britain exists, that Irishmen will go out in the future, as they did in the past, to find a wider field of enterprise.

And that we should facilitate them.

I do not say that they should be facilitated, but I think if you try to place obstacles in the way you will come up against the forces of nature. We all know that in the past, taking only one profession, that Ireland was too small for men like the late Lord Northcliffe, Mr. Garvin and many eminent American journalists. I am not sufficiently acquainted with the medical profession to quote similar instances, but I am sure there are some also. You cannot fight nature. It is absolutely ridiculous to put up paper or legislative barriers and say: "You have got to live in Ireland, and we will make it as difficult as possible for you to earn a living outside it." We have a duty to others besides ourselves in this country. I believe the world would do very badly without Irish brains and Irish genius. I am not going to support any proposal or measure that would hinder us from giving light to Europe and the world, as we once gave it in the past—the light of science and the light of knowledge. I may tell Deputy Gorey that we once, in the dark ages, spread it throughout the world and it may be our mission again. I want to make that easy, not difficult. For the time being I think we had better get on with the Bill that is under consideration.

I want to ask the Deputy does he believe in the fable about the saints and the scholars?

I do not believe in fables; I believe in history.

While one agrees to a certain extent with Deputy Cooper, I think there is a good deal in what Deputy Johnson has alleged. I think this matter should have grave consideration when the question of University education is under review, as it now is. In industry we have long felt that the best brains of the country go into the professions. We want to stop that. We have reached a period in the history of the country when we want the best brains to go into industry. Universities are taking the best brains in the country from industry. When parents want to give—as is the desire of most parents—their sons and daughters the best send-off they can in life, they send them into our Universities. What is the result? They get into contact there with what is a professional atmosphere. The sons of many parents I know have gone into our universities in Dublin with the intention of bringing the results of that education into the business with which many of these families have been connected for generations. Instead of that, the sons get into the professional atmosphere that exists in our universities, and their whole outlook on life is changed. In the universities industry is not looked upon as what is known as "a gentlemanly calling." The whole trend of the education there, and of the professors, is towards the different professions, with the result that industry suffers.

The Deputy is wandering from the Medical Bill.

I thought the aspect raised by Deputy Johnson was an interesting one, and I wanted to lay stress on it, so that it might engage the attention of the Deputies when the question of university education is under consideration.

I agree with Deputy Johnson when he stated that we were rather anticipating another discussion. I think that was the brunt of his remarks and I quite agree with them. I do not think we ought to anticipate what is going to happen within twelve months, and I will not follow Deputy Johnson on the track he tried to lead us on. I would only say that, if we are going to export, it is better to export the manufactured article than the unmanufactured article. The point at present is, what is to be done now? I heartily support the Minister in the line he has chosen. In this matter what we all want to get is full reciprocity. I suggest that the only way to secure that is to take the line the Minister has indicated. If we once lose what we have we would find it a great deal harder to get it back.

I find myself in some difficulty about answering Deputy Esmonde. It seem to me he was, to a certain degree, contradictory in two remarks. He seemed to quarrel with me for asserting that the future would depend on what the Oireachtas would see fit to do within the next 12 months. Later on he asserted that if the Government set out to meddle with this question, which had so largely to do with our status under the Treaty, the Government would be seeking trouble. It is a small point. I may put it this way: what we want exactly is to avoid the trouble forecasted by Deputy Esmonde.

I never said anything about that. I said if the Ministry are going to accept something less than complete reciprocity then they are asking for trouble.

I do not see why the Deputy should believe that we are going to accept something less.

Because the Minister spoke of the possibility of such a thing.

I said there was a possibility, and so there is. Why he should say that the Government is going to look for something less or going to accept, easily, something less than full reciprocity, I cannot imagine. It is because we want to let the Oireachtas see what is being accepted that I introduced the phrase, that the Oireachtas would have control and be put in possession of all the facts. He asked further what steps have been taken to procure a final solution. There the Deputy is, I am afraid, under a misapprehension again. This point was only adverted to recently because it had been believed that the Constitution and the Adaptation of Enactments Act had continued the General Medical Council and the General Register in full effect in this country, and it was only when attention was directed to certain Acts passed on the other side that the full position was revealed. Steps have, however, been taken even in the short interval, and as Deputy Sir James Craig has pointed out, the medical profession—at least that portion of the medical profession which represents the medical education side—have presented their point of view, and that point of view is before the Government. Other points of view and the Government point of view will have to be obtained before a solution can be arrived at.

Deputy McGrath asked what would be the effect of the Medical Council lapsing, or of this Bill not passing, and he suggested two alternatives, namely, that the doctor qualified here would simply pay a fee and get his qualifications in England, or that he might have to pass an examination. Deputy Sir James Craig has answered him, going on the analogy of what happens between Great Britain and, say, France, or between Great Britain and one of her Dominions, but there is no security that even these two alternatives would be open here if the Bill were not passed. It does so happen that under the Medical Act the British Medical Council makes up its mind that a certain area is to be a scheduled area, and then certain things happen. The payment in that case has been the payment of a registration fee. In the case of a foreign country the practice has been that they would view the applicant for registration, consider him personally, consider his education, consider whether or not he should be asked to pass a new examination, and then finally put him on their register. These are the likely things, but there is no security that either of these two alternatives would be the position here. The whole of this question is in the dark if this Bill be not passed now. The constitution of the General Medical Council was queried by Deputy McGrath. Deputy Sir James Craig has replied to him. There is a Privy Council in the General Medical Council, as there is one medical representative selected by the medicals in all Ireland, not of the Twenty-six Counties, and that state of things will continue. But it has to be remembered that we are only by a positive Act here continuing what we thought was continued by the Adaptation of Enactments Act. It may be said that there is some derogation of status in accepting that, but the other side of the question should also be considered, that we get representation, the representation which, as Deputy Sir James Craig has pointed out, is out of all proportion to our medicals on the register. We get representation on the Medical Council, and that Council supervises the medical education not merely of the twenty-six or thirty-two counties, but of England, Scotland and Wales, so that we are getting definitely supervisory power really beyond our proper proportion. That is really more or less a bargain with regard to this Bill, and it is only being continued for a twelve months period.

The question that Deputy Johnson raised is, of course, one of the matters that will come for consideration when the final solution is proposed. I am sure that the Deputy understands that the question of these medicals is largely a matter of individual choice. It is not a matter of Government choice, but the choice of men who enter the medical profession. Neither is it the atmosphere of the university. Men come to Dublin meaning to be medicals. It is not that they arrive here, and when here acquire that view. Quite a considerable number of them are the sons of industrialists in this country who apparently much prefer to see them in that profession than in their callings.

Question—"That the Bill be read a second time"—put and agreed to.

I raised the question yesterday of urgency, and I asked that the further Stages might be taken to-day or before the end of the week. I am not clear if any amendments are proposed. If there are likely to be such, we can postpone the Committee Stage until to-morrow in the hope that we would get through the Third, Fourth and Fifth Stages to-morrow.

Bill committed and reported without amendment.

Question:—"That the provision of Standing Orders 86 and 88 as to the giving of notice for the taking of the Fourth and Fifth Stages of a Bill be suspended to permit of the Fourth and Fifth Stages being taken to-day"— proposed, and the requisite support having been indicated,
Question put and agreed to.
Question—"That the Bill be received for final consideration"—put and agreed to.
Question—"That the Bill do now pass"—put and agreed to.
Ordered: That the Bill be sent to the Seanad.
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