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Dáil Éireann debate -
Tuesday, 2 Jun 1959

Vol. 175 No. 7

Adjournment Debate. - Medical Posts in Local Authority Hospitals.

On to-day's Order Paper there appeared a question in the name of Deputy Booth who, as we know, represents the constituency of Dún Laoghaire and Rathdown. The question referred to a situation which has arisen in County Cork. Arising from Deputy Booth's question, the Minister read a statement—a rather long statement—to the House with regard to the situation in the hospital in Mallow arising from his decision on an inquiry relating to the discharge of his duties by the county surgeon. The Minister in his statement referred to the action taken by the Irish Medical Association in banning to their members the county surgical post in Mallow and county surgical posts elsewhere.

As a result of the Minister's statement, I asked your permission to raise the matter on the Adjournment in order that the position might be more fully discussed. I cannot help feeling that the question tabled by Deputy Booth, representing Dún Laoghaire and Rathdown, in reference to a situation in another part of the country must have been a question in respect of which the Minister had some prior notice. Equally, I cannot help feeling that the statement made by the Minister to-day was made with some specific design and intention.

Be that as it may, my purpose in raising this matter on the Adjournment is not for the purpose of having the matter referred to by the Minister discussed here in any spirit of acrimony. It is not in that spirit that I raise this matter. Neither am I speaking on this Adjournment Debate on behalf of any particular organisation or association. I have no contact whatsoever with the Irish Medical Association, but I am concerned, and very closely concerned, with a development which appears to me to be taking place now.

It appears from the Minister's statement that he conceives the position to be as follows. Arising from the decision to which he came as a result of the inquiry held, it appears that he believes now that, because of the decision to which he came, the Irish Medical Association have decided to boycott the filling of the county surgical post in Mallow hospital. I do not believe that is the case. I do not think that the Minister was fair in his statement to-day to the Irish Medical Association or was giving a reasonable account of the situation there to the Dáil and to the people.

From my observation of events over a number of months, it appears to me that as early as January of this year the Irish Medical Association expressed their dissatisfaction as a professional body with the terms and conditions offered by local authorities in respect of certain posts in their hospitals. As early as January of this year, the Irish Medical Association, to use the expression used by the Minister, banned hospital posts in hospitals such as the new hospital in Bantry and the new hospital in Dundalk. There may have been others of which I am not at the moment aware.

The Association, long before this problem arose in Mallow, had expressed their dissatisfaction with the terms and conditions offered, with the approval of the Minister, by local authorities. It, therefore, appears to me that, irrespective of whether or not the vacancy arose in Mallow in the way in which it has arisen, the attitude of the Irish Medical Association would have been precisely the same. It is accordingly both intemperate and unreasonable for the Minister to attempt to connect the two situations which have arisen in the manner in which he has. It has unhappily been the custom for different Ministers for Health to attempt to play to the gallery by attacking the Irish Medical Association. I suppose they are fair targets on occasion. But the Association happen to be a professional body, a trade union if you like, concerned with the conditions, pay and prospects of their members. That is the reason the Association exist. That is the reason they are recognised under statutes of this House. It appears to me to serve no interest to attack the Irish Medical Association if, in pursuance of the objects of their Association, they are concerned with the terms and conditions offered to their members.

I do not wish to express any view on the inquiry which the Minister had conducted. I adopt that attitude, not in acceptance of the rather lengthy statement the Minister made to-day but simply because I do not know the facts. It appears to me—again, this is purely a personal opinion— that the Minister in administering, as he so described his action in his statement to-day, a rather mild rebuke to the house surgeon in Mallow hospital was perhaps rather unfair to a man who was bound in accordance with his duties to obey the directions of the county surgeon. On reflection, the Minister may perhaps feel that the house surgeon concerned was put in a dilemma that frequently faces young people in different walks of life; he was bound to obey the directions of his superior; if, in doing so, something untoward happened, he was immediately blamed. The house surgeon in question was bound to do what he did, and he did it. I understand the point of view has been expressed that the unfortunate death which occurred was in no way due to anything the house surgeon did, but was due rather to a circumstance which could not, in fact, have been avoided and which arose only after the county surgeon visited the hospital. All that admittedly has reference to the merits of the case and, as I say, I am not sufficiently informed to discuss those.

I am, however, concerned about another aspect. The present Minister has been Minister for Health for more than two years now. I know well that if, in politics, one blows one's own trumpet one tends to deafen everyone else and no one can hear a note. I do not intend to do that, but I do say very sincerely that, so far as I am concerned, this matter is not raised from the point of view of political interest, partisanship or anything of that kind. I direct the Minister's attention now to the fact that when he became Minister a little over two years ago there was a fruitful atmosphere in existence as between the Department and the medical profession outside.

On many matters there was not complete agreement, but there was a situation in which any difficulties that might exist or might arise could be met by a discussion between the Minister's excellent officials and the Irish Medical Association or other professional bodies concerned. As the Minister is concerned to ensure that the best medical services are provided for the people, I am very disturbed to learn that over the last two years, since the present Minister became Minister for Health, he has never once met the Irish Medical Association. He has never received them to discuss any difficulties, and difficulties are bound to arise. He has never received any deputation from the Association for the purpose of ironing out any difficulties that arise from time to time. That is an unfortunate situation and I would urge upon the Minister not to permit that situation to continue.

It would be a tragedy if, arising from this difficulty in Mallow, tempers should become inflamed on either side; and tempers can become inflamed in the Custom House just as well as outside it. Should tempers become inflamed nothing but trouble will ensue. I do not think it would give the Minister any satisfaction if, in two years' time, or whenever he leaves the Custom House, he is able to say: "I am the Minister for Health who trampled into the mud the Irish doctor and the Irish medical man." Neither do I think it would give doctors and medical men generally any satisfaction to be able to say: "We are the profession who put the present Minister for Health out of office." I would urge upon the Minister not to permit this present unhappy situation to exacerbate in any way the relations between his Department and the Irish Medical Association.

The Minister said to-day that he felt he should not be asked to receive any deputation to discuss the merits of his decision. The Minister is quite correct in that. Whether the Minister's decision was right or wrong, it is the Minister's decision, and the Minister should certainly not be asked to hear an appeal from himself. I would, however, urge upon the Minister that he should regard the ban or boycott imposed by the Irish Medical Association in relation to the Mallow post, not as an isolated ban or boycott, but as something symptomatic of a feeling of dissatisfaction on the part of the members of the Association in relation to many other local authority posts.

There is a problem to be faced and it will not be solved by the issuing of statements from the Custom House which will be replied to through the Press by statements from I.M.A. House in Dublin, each side in quite the same situation, at pains to get words intended to cause discomfiture to the other side but, so far as the medical services of the country are concerned, they will not benefit the slightest. All that can be avoided if the Minister would come off his high horse, to some extent, and agree to meet a deputation from the Irish Medical Association to discuss with them, as a reasonable man, a problem which is of concern to the people. I have no doubt if reason permeates the Minister it will permeate everyone else as well.

I just want to correct what I think is a misapprehension on the part of Deputy O'Higgins, that the situation to which Deputy Booth referred in his Question, relates only to County Cork. Quite the contrary, as I pointed out in my statement this afternoon, the ban imposed by the Irish Medical Association, because of the action which I took in relation to the former county surgeon in Mallow, applies to the whole country and, therefore, is the concern of Deputy Booth, as it is equally the concern of every member of this House, every member of a health authority and of every person in this country.

The reason for that ban is not concealed by the Irish Medical Association. They have stated:

"In view of the Minister for Health's letter dated April 14th to the Cork County Manager and published in the daily Press on May 21st, medical practitioners who have applied for, or are considering applying for resident, or nonresident posts in local authority hospitals, are asked to communicate with the Secretary of the Association."

As I said, this is a national issue, raised because I had removed from office a county surgeon who had signally failed to fulfil the obligations imposed upon him when he accepted the post, and in consequence of which a very tragic and terrible thing occurred. I have no desire to be at odds with the Irish Medical Association or any other professional organisation in this country, but I have a duty to this Dáil to ensure that the Health Acts are carried out by those concerned with the provision of the health services, in the manner in which it was intended they should be. I have every right to resent, and I do resent, the arbitrary and arrogant conduct of those who apparently are now leading the Irish Medical Association.

This ban was imposed, as I said in my statement to-day, without any information being given to me as to why it should be imposed. It was first imposed on 22nd November, 1958, in relation to certain county surgeon posts. On 16th December, 1957, following certain communications which we had made to the I.M.A., sending them revised conditions of service, the I.M.A. stated my letter would receive their consideration. I have received no reply to that letter, or no representations in respect of that letter since that date.

Did they not ask for an interview?

Wait now. They asked that I should receive a deputation in relation to the duties of county surgeons and their remuneration. They were informed it was proper they should discuss that matter, in the first instance, with the county managers.

Of course that is absolute rot.

I did not interrupt the Deputy, and I have only five minutes in which to reply. I stated they should first discuss that matter with the county managers, as representing the ratepayers, who are equally concerned with the Minister for Health in this matter, and that then they should, if necessary, come to me, or the county managers could come to me, with whatever agreement they might have made with the representatives of the I.M.A.

Send the fool further.

Sir, I shall have to sit down. I have listened with patience to Deputy O'Higgins but he does not want this case to be made. He does not want me to establish the sort of conduct which he expects a Minister of State to tolerate from the representatives of the I.M.A. As I said, they did meet the county managers on, I think, the 12th June, 1958, speaking from memory. There were discussions between the I.M.A. and the county managers, and on that occasion the representatives of the I.M.A. undertook to submit a memorandum to the county managers. They have not done so but they have imposed a ban, and they have not told me why they imposed that ban.

I heard nothing from that Association in relation to general questions until the 14th of February last when they wrote asking me to receive a deputation, and to their letter I replied in these terms:

In reply I am to inform you that the Minister would be prepared to receive a deputation, but by reason of previous engagements and pressure of public business, it would not be possible for him to do so until after Easter. In the meantime, he would be obliged if a statement detailing the various matters which it is desired to discuss were forwarded to him. I am also to state that, in view of the request for a discussion and in order that the discussion may be without prejudice, the Minister would expect that steps would be taken by your Association to withdraw the proscription which has been placed on recruitment to several important posts concerned with the provision of health services to the community and to restore the status quo in regard to these posts. When an intimation has been received to the effect that action on these lines has been taken, the necessary arrangements for the fixing of a meeting can be completed.

I received a reply to that letter on 20th March stating:

In reply to your letter of the 13th instant I have been instructed to state that my Association agree with the Minister that it is most important that any discussions between the Minister and the I.M.A. should be without prejudice, and the Association is prepared to suspend their disapproval to the certain key posts mentioned in your letter of the 13 instant, if other matters which, in its opinion are equally prejudicial to objective discussion of the problems, be also withdrawn. To achieve this it is felt that selection or interview boards for these appointments and the filling of these posts should be postponed until the Association has had an opportunity of placing its views before the Minister.

We shall be grateful for an intimation from the Minister that this suggestion is agreeable to him.

I replied to that pointing out that I had no function with regard to the holding or postponing of any competition for a permanent post in the local authority service once it had been advertised. I further stated:

The matter is then one for the Local Appointments Commissioners. Accordingly, the Minister can take no steps in regard to the competitions already advertised even if he felt that the circumstances warranted action as proposed by the Association.

In these circumstances, the Minister has directed me to repeat the offer contained in this Department's letter of 13th March to meet representatives of the Association to discuss outstanding matters when the existing proscriptions have been lifted and the Association has furnished a list of the items it desires to discuss with him.

That offer still stands open, notwithstanding what the I.M.A. have done in order to justify homicide by culpable negligence, such as took place in Cork two years ago.

The Dáil adjourned at 11 p.m. until 3 p.m. on Wednesday, 3rd June, 1959.

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