Dáil Éireann debate -
Tuesday, 11 Jul 1961

Vol. 191 No. 4

Hospitals Federation and Amalgamation Bill, 1961—From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad.

Minister for Health (Mr. MacEntee)

I move that the Committee agree with the Seanad in amendment No. 1:

In Section 8, subsection (1), line 50, "or subsection (3)" inserted before "of".

Amendments Nos. 1, 2, and 3 are interrelated with each other and might be taken together. The need for them arises out of the fact that Dublin Corporation has an arrangement with all the hospitals concerned except the Meath Hospital (where separate statutory arrangements apply) whereby the Corporation nominates from time to time, members to serve on these hospital boards. As the Bill stands, a person so nominated who happened to be a member of the board on the day of federation would have continuing membership.

The proposal contained in the amendments is this. First, after each local election the members of a board appointed by local authorities would go out of office but in co-opting their successors the board will have regard to any recommendation of the local authority — now Dublin Health Authority.

Mr. Dillon

The effect of the amendments is to allow the Dublin Health Authority to co-opt?

Mr. MacEntee

To allow the hospital boards to co-opt.

Mr. Dillon

They can make a recommendation to the Dublin Health Authority?

Mr. MacEntee

The other way round. The hospital board would co-opt whomsoever the Dublin Health Authority suggests.

Mr. Dillon

In effect, it is to give the Dublin Health Authority the right to name the person who shall be co-opted to the hospital board?

Mr. MacEntee

That is one of the effects. The other is to ensure that a person who happens to be a member of the hospital board on the particular day set out will not continue to be a member indefinitely.

Mr. Dillon

I take it, in as much as most of the provisions of this Bill have been the subject of agreement between the parties concerned, this amendment has been agreed?

Mr. MacEntee

Yes. In fact, it was introduced at their request.

Question put and agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 2:

In Section 8, page 9, the following subsection inserted before subsection (3):—

"( )Any member of a hospital board who

(a)became a member of the board by virtue of his having been, immediately before the establishment day, a member, appointed on the recommendation of a local authority, of the governing body of the hospital, or

(b)was co-opted as a member of the board on the recommendation of the Dublin Health Authority,

shall cease to be a member of the board on the day of such first meeting of the Dublin Health Authority after a quinquennial appointment of the members of that Authority as next follows the commencement of his term of office."

Question put and agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 3:

In Section 8, page 9, the following subsection inserted before subsection (4):—

"( )Where a vacancy in the membership of a hospital board falling to be filled under subsection (3) of this section is caused by—

(a)a person ceasing under subsection (*) of this section to be a member of the board, or

(b)the death, resignation or cesser of membership under subsection (2) of this section of a person who, if he had not died, resigned or so ceased to be a member of the board, would have ceased under subsection (*) of this section to be a member of the board,

the hospital board, in filling the vacancy, shall have regard to any recommendation made by the Dublin Health Authority as to the person to be co-opted."

Question put and agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 4:

In Section 19, page 14, subsection (4), line 15, "or the hospital board" inserted before "of".

This is to meet a point raised in the Seanad. Section 19 provides that references in any conveyance, deed, will or other instrument may have effect after the hospitals are amalgamated on the transfer date. Under subsection (4) of that section, it is provided that references to the hospitals and to their governing bodies will be given appropriate new constructions. The effect of amendment No. 4 will be to give similar construction to a reference in any conveyance, deed, will or other instrument to the hospital board of a participating hospital which will be established under Section 6 of the Bill. It is merely to insert after the words "governing body""or the hospital board" so that the subsection will apply as it would have applied to the original governing body. When the Bill comes into operation, the hospital boards will supersede the existing governing bodies.

Question put and agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 5:

In Section 21, page 15, paragraph (b), lines 2 and 3, "by whom" deleted and "by whose death, resignation or cesser of membership under subsection (8) of section 7 of this Act" substituted.

This is a drafting amendment. Deputy Dillon has the original text before him. He will see that it stood as follows before it left this House:

where a casual vacancy in the membership of the Council occurs on or after the transfer day and the member by whom the vacancy was occasioned was appointed by the governing body of a participating hospital or a hospital board or by co-option under this paragraph...

It is desired to delete the words "by whom" and substitute for them "by whose death, resignation or cesser of membership under subsection (8) of Section 7 of this Act".

Question put and agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 6:

In Section 21, page 15, subparagraph (ii) of paragraph (b) deleted and the following subparagraph substituted:—

"(ii) if such member was a member of the visiting medical staff of a participating hospital or of the visiting medical staff of the participating hospitals or of the visiting medical staff of any hospital administered by the Council, the person co-opted shall also be a member of one of those visiting medical staffs,".

It merely provides more precisely for the situation where, by co-option, a vacancy in the Central Council is filled after the establishment day and the person occasioning the vacancy was a member of the visiting medical staff of a participating hospital or of the visiting medical staff of the participating hospital, or of the visiting medical staff of any hospital administered by the Council his successor will also be a member of one of those visiting staffs.

Question put and agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 7:

In Second Schedule, page 16, paragraph 1 (1), line 31, "date" deleted and "day" substituted.

The word "date" was used in line 31 whereas the word "day" should be used. It was a misprint.

Mr. Dillon

That is in line 31?

Mr. MacEntee

Yes.

Question put and agreed to.

Amendments reported and agreed to.