asked the Minister for Health if he will indicate the statutory provision, if any, under which a health authority, as distinct from a hospital authority, has power to recover the cost of hospitalisation provided for a person injured in an accident who has succeeded in a claim for damages.
Ceisteanna—Questions. Oral Answers. - Hospital Charges in Accident Cases.
I would refer the Deputy to my reply to a similar question yesterday.
Under Section 174 of the Road Traffic Act, 1933, it is the governing body of the hospital in which an accident case receives treatment that is entitled to recover from the responsible——
Responsible?
Sometimes he is guilty of culpable negligence. As I have said, under Section 174 of the Road Traffic Act, 1933, it is the governing body of the hospital in which an accident case receives treatment that is entitled to receive from the responsible party the sums referred to in the section in respect of hospital treatment. In the case of a local authority hospital, the governing body is the health authority. Thus health authorities may recover the sums referred to in Section 174 for road accident cases treated in their own hospitals.
There is no statutory provision whereby health authorities may similarly recover the cost of treatment in the case of other accidents, or where road accident cases have been treated at the expense of a health authority in a hospital not managed by them.
Is the Minister aware that neither in my question yesterday nor in any question to-day have I asked for information with regard to the provisions which enable hospital authorities to recover? I have asked for information with regard to recovery of payments by health authorities. Secondly, does the Minister consider it desirable that provision should be made to enable health authorities to recover payments made by them in those circumstances rather than that the payments should be borne by the ratepayers and the taxpayers?
I would refer the Deputy to the terms of his question which are: "...if he will indicate the statutory provision if any under which a health authority as distinct from a hospital authority has power to recover the cost of hospitalisation. ..." I pointed out that under Section 174 the governing body of the hospital, in which the accident case receives treatment, is entitled to recover.
That is not what I asked.
The Deputy has asked me to indicate, and I am indicating a statutory provision. I am not responsible for the fact that the Deputy does not phrase his questions clearly and precisely. I have only to deal with what is on the Order Paper before me. I am pointing out that that is a statutory provision and that arising out of that statutory provision, where in the case of a local authority hospital, the governing body is the health authority and therefore——
I asked a question in respect of a health authority as distinct from a hospital authority.
The Deputy is asking for information. Does he want to get it or does he not? I am pointing out that in the case of a local authority hospital the governing body is the health authority and therefore the health authority in that particular case has statutory rights to recover. There is no statutory provision—I am indicating again the precise nature of the limitations—whereby health authorities may similarly recover the cost of treatment in the case of other accidents or where road accident cases have been treated at the expense of a health authority in a hospital not managed by them.
Is the Minister aware that the question asked him for certain information with regard to health authorities as distinct from hospital authorities? Secondly I have asked the Minister does he consider it desirable that the position as indicated by him with regard to payments by health authorities, which are at present non-recoverable, should be maintained?
I think the supplementary question should be the subject of a separate question.
With your permission, Sir, I propose to raise this matter on the Adjournment.
I would ask the Deputy not to be so impatient. Half-ten will come soon enough for both of us.
To-night?
Yes, to-night. I would ask the Deputy, before he raises this question on the Adjournment to read, first of all, his own question, and then my reply and he will see I have pointed out very clearly the distinction between the cases in which a health authority may recover and those in which it may not. I have answered the Deputy's question very fully. I know the Deputy does not want the information. He wants to advertise himself.
Stick to your brief and you will not get into trouble. Depart from it and you will be in seas of sorrow.
It is a pity the Deputy did not do that and the farmers would not get into trouble.