I move that this Bill be now read a Second Time. The purpose of this Bill is to provide legislation for the establishment of a new general hospital in or near the City of Dublin in place of the House of Industry Hospitals. The House of Industry Hospitals are a group of hospitals which were established on premises in North Brunswick Street, Dublin, in connection with a House of Industry. Houses of industry were first provided for by an Act passed by the Parliament of Ireland in the year 1771-2 entitled:—
An Act for badging such poor as shall be found unable to support themselves by labour, and otherwise providing for them, and for restraining such as shall be found unable to support themselves by labour or industry from begging.
The Act provided for the creation of a corporation in every county and city to be known by the name of "the president and assistants instituted for the relief of the poor and for punishing vagabonds and sturdy beggars." These corporations were empowered to build hospitals to be called workhouses or houses of industry for the relief of the poor in their respective counties.
In pursuance of this Act a corporation for the relief of the poor in the City of Dublin was constituted in the year 1773. That corporation established and maintained the Dublin House of Industry. Subsequently various buildings in the nature of hospitals as they are known to-day grew up in connection with the House of Industry. In the year 1774 two wards were set apart for medical and surgical cases. In the year 1803 a hospital for the accommodation of cases of infectious and contagious diseases was opened. Premises were purchased in the year 1811 and converted into a surgical hospital block. A medical hospital block was opened in the year 1817.
The Irish Poor Relief Act of 1838 introduced a new code of law for the relief of the poor. By that Act the administration of the relief of the poor was entrusted to a central authority known as the Poor Law Commission. For the purpose of administration the country was to be divided into areas to be known as poor law unions. In each union a workhouse for the relief of the poor was to be established and, if and when the Poor Law Commission. so directed, every house of industry was to be the workhouse for the poor law union in which it was situated.
After the passing of the Act of 1838 the portion of the Dublin House of Industry which had been used merely for the relief of the poor was converted into a workhouse and became the workhouse of North Dublin Union. The medical, surgical and fever hospitals already mentioned continued to function separately as hospitals and to be known as the House of Industry Hospitals.
Special provision was made for the regulation of the House of Industry Hospitals by the Dublin Hospitals Regulation Act, 1856. That Act provided that so much of the House of Industry Hospitals and lands as were not appropriated to the purposes of a workhouse under the provisions of the Act of 1838 should vest in the Commissioners of Public Works in Ireland in trust for and to the use of the hospitals.
The Act of 1856 empowered the Lord Lieutenant, with the approval of the Treasury Commissioners, to regulate as he thought fit the number and description of officers and servants to be kept in the hospitals and the salaries to be paid to them and from time to time to appoint and remove such officers or servants and upon the occurrence of a vacancy to make an appointment or otherwise as he thought fit.
The Lord Lieutenant was empowered, when he deemed it expedient so to do, to direct that the management of the hospitals should be vested in a board of governors to be partly nominated by him and partly elected by the subscribers to the hospitals in such proportions as he determined from time to time, and to fix from time to time the number of members of which such board should consist and the qualification necessary for the members to be elected by subscribers. By an order dated the 9th May, 1857, the Lord Lieutenant fixed the number of members to constitute the board at eleven. Later the number was increased to seventeen. As there were no subscribers to the hospitals all the members of the board of governors were appointed by the Lord Lieutenant.
The Act of 1856 sets out the powers in relation to officers and servants of the hospitals which should vest in a board of governors if and when appointed by the Lord Lieutenant. The board, subject to the approval of the Lord Lieutenant and the Treasury Commissioners and subject to the orders made by the Lord Lieutenant, could regulate and determine the number and description of officers and servants to be kept in the hospitals, and the salaries to be paid to them, and they might from time to time remove such officers and servants and at their discretion make appointments to vacancies. The Lord Lieutenant might from time to time alter the constitution and limit and define the powers of the board of governors and he might delegate to the board or to any officer of the hospitals all or any of the powers vested in him in relation thereto.
The Act also gave the Lord Lieutenant power, at his discretion and subject to the consent and approval of the Treasury Commissioners, to grant a superannuation allowance to any officer or servant of the hospitals who became incapable of discharging his duties by reason of confirmed sickness, age or infirmity.
After the establishment of the Irish Free State the powers and functions of the Lord Lieutenant under the Act of 1856 were transferred to the Minister for Local Government and Public Health and the powers of the Treasury Commissioners to the Minister for Finance.
Before going on to deal with the provisions of the Bill under consideration it might be well to give the reasons which have rendered it necessary. The Hospitals Commission in their First General Report recommended a scheme of hospitals for Dublin which would entail the development of four large general hospitals each with a complement of 550 beds. One of the hospitals recommended to be developed was the House of Industry Hospitals. These hospitals contained a total of 325 beds, but deducting 78 beds for fever cases there remained 247 beds for general medical and surgical cases. To increase the accommodation from 247 to 550 beds would necessitate considerable additional buildings. The board of governors of the existing hospitals have no power to erect new buildings. Their powers were limited by the Act of 1856 to the management of the hospitals.
The site of the existing hospitals is rather restricted and for a large modern hospital it would be well to have considerably more space. Proposals of the Dublin Town Planning Authorities for the replanning of the neighbourhood would have the effect of cutting off portions of the lands. This would further restrict the site and leave it inadequate for a large hospital. It would, therefore, be necessary to seek a new site. At present neither the hospital authority nor the Minister has power to acquire land for the purposes of these hospitals, and it is now proposed to make the necessary legal provision.
Though the provisions of the Bill are expressed in very clear terms, and largely explain themselves, I think it well to refer here to some of the principal points in the Bill. The Minister for Local Government and Public Health is given power in the Bill to acquire land for the purposes of the new hospital. He may acquire the land either by agreement or compulsorily, and for the purposes of compulsory acquisition the usual provisions of the Acquisition of Land (Assessment of Compensation) Act and of the Lands Clauses Acts may be applied. All land so acquired shall be held by the Minister in trust for and to the use of the hospital. The expenses incurred by the Minister in connection with the acquisition of the land shall be defrayed out of the Hospitals Trust Fund.
When the Minister has acquired a site he shall proceed to the establishment of a board of governors for the new hospital. He shall by order provide for the number of members of the board, the method of appointment and terms of office of members and other matters such as resignation, disqualification and the filling of casual vacancies. The Bill contains the provisions of a usual nature in regard to the meetings and proceedings of the board when established.
As regards appointment, salaries and removal of officers and servants of the board of governors, the Minister may by order declare in relation to any office that the power to appoint, remove, abolish and fix remuneration or any of such powers may be exercised by the board without his consent, and where such order is in force the board may exercise any of the powers permitted by the order in relation to officers. The board of governors are required by the Bill to prepare and submit to the Minister a scheme with the object of providing pensions and gratuities for or in respect of officers and servants of the board. In this connection I might mention that it will be necessary to move an amendment on the Committee Stage to distinguish between paid officers and unpaid officers. It is not intended to submit a scheme of superannuation for the unpaid officers of the board.
The Bill contains the usual clauses as regards accounts and contracts. The board will be empowered to invest funds in trustee securities, to accept any real and personal property as an endowment, to hold land and to borrow by means of bank overdraft or otherwise.
After the board has held its first meeting it is required with all convenient speed to prepare and submit to the Minister a scheme for the erection and equipment of a new hospital on the site acquired for that purpose by the Minister. The Minister may approve of the scheme without modification, or modify it whether by addition, omission or variation, or he may require the board to submit a new scheme. After the scheme has been approved by the Minister the board shall proceed to erect and equip the new hospital.
There is provision in the Bill for payment by the existing governing body to the board of governors of the new hospital of the unexpended balance of any moneys received by that body under the Public Charitable Hospitals Act, 1930 to 1932, and any accumulations of such moneys. These moneys are to be applied by the board of governors towards defraying the expenses incurred by the board in the preparation of the scheme and in the erection and equipment of the new hospital. The balance of the expenses will be met by the Minister, so far as in his opinion they have been reasonably incurred, out of the Hospitals Trust Fund.
The board of governors will be given power, with the consent of the Minister, to extend, alter, enlarge or otherwise improve the new hospital. The hospital shall be controlled and managed by the board and they may do all such things as the governing body of a hospital are usually authorised to do in relation to a hospital controlled by such governing body.
As soon as the new hospital is erected and equipped and is, in the opinion of the Minister, ready for the reception of patients, the governing body of the existing hospitals shall be dissolved and cease to exist and all their property, debts and liabilities shall be transferred to the board of governors of the new hospital. Where any property transferred is held upon trust for the endowment of a bed, or medical prize, or medal fund, or upon other special trusts, such property shall be held by the board of governors upon such trusts as may be declared by the board but which shall, in the opinion of the board, correspond so far as circumstances allow to the trusts affecting the property before the transfer.
Officers and servants of the existing governing body will also be transferred to the board of governors on the completion of the new hospital and there is provision in the Bill for the preservation of their status and remuneration.
The board of governors of the new hospital are required to close the existing hospitals as soon as may be after the completion of the new hospital. There is provision in the Bill which will enable the board to provide and continue an out-patients' department to the new hospital on the premises of the existing hospitals after they are closed.
The Minister is empowered by the Bill to dispose of the lands on which the existing hospitals are situated or any portion of them. The net proceeds of any such disposal are to be paid by the Minister into the Hospitals Trust Fund. It will be necessary on the Committee Stage to submit some amendments in relation to the provision regarding the closing of the existing hospitals. It may not be possible or desirable to close the existing hospitals on the completion of the new hospital. I propose to submit amendments providing for the closing in whole or part of the existing hospitals in such manner as the circumstances may require.