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Dáil Éireann debate -
Thursday, 10 May 1962

Vol. 195 No. 5

Committee on Finance. - Vote 54 — Health (Resumed).

Debate resumed on the following motion:
"That the Estimate be referred back for reconsideration."— (Deputy T.F. O'Higgins.)

When I moved to report progress, I was referring to what I consider to be a very important announcement made by Deputy Donegan in the House this morning. It was important in so far as it seemed to indicate a radical change of policy on the part of Fine Gael towards the manner in which the health services are to be provided for those of our people who may require them. Until the Deputy spoke, I had been under the impression that the attitude of Fine Gael towards our health services remained what it had been heretofore. Indeed, I felt that attitude had been manifested by them in the course of the debate more strongly than ever, and particularly in the attitude which they adopted towards the proposals in the Budget.

In that connection, however, one must remember that, as I have said, Fine Gael have been from the outset, at least since 1946, opposed to the general approach of the Fianna Fáil Party and the Labour Party towards this problem of providing health services for our people. I indicated how they opposed the Health Bill of 1946, the Health Act of 1947 and the Health Act of 1953 and how they broke up the first Coalition because the then Minister for Health, Deputy Dr. Browne, their colleague, had decided to try to introduce a mother and child service.

As I said, that appeared to be the general approach of Fine Gael until just this morning. They appear to be still opposed to health services for the people, and to the extent that the individuals concerned are unable to meet the necessary outlay to the policy of providing them at the public expense. While clamouring for an extension of the service, they refuse, at the same time, to allow the Government to raise the necessary funds to meet the expenditure involved. That, of course, is a rather more subtle approach than that which they had adopted hitherto. In just the same way as they are clamouring for higher and more extensive health services, they have been clamouring for higher pensions, greater assistance for the farmers, more for civil servants, etc., etc. but they refuse to take the responsibility for financing their demands.

If Fine Gael had their way on 10th April last and last night, there would have been no money for any of these things which they advocated so vigorously yesterday afternoon and this morning. There would have been no money to meet the additional £1½ million which is to be expended on the maintenance, improvement and expansion of the health services this year, for they voted against imposing the taxes to provide the money.

Emphatically, I want to say that I do not think our health services in their present state of development are as extensive as they could be, if more money were made available for them; nor do I say that in some places and in regard to certain services reasonable ground for complaint may not be found. But in my experience complaints are becoming less frequent, less substantial and less well-founded. I am hopeful that the services as they exist will rapidly improve as experience is gained and the defects of organisation and procedure are remedied.

The important thing to remember in connection with the debate which took place this morning is that the 1953 Act broke new ground and the defects in its operation can be dealt with only as they manifest themselves in practice. We had no previous models to go on when we introduced the present extensive service. Much has been done to remedy these defects in most areas. The services, indeed, taken by and large, work smoothly.

Our biggest problem remains, that is how to deal with those who do not know their rights under the Act or who, knowing them, in an endeavour to secure something to which they are not entitled, try to evade the limitations imposed by the statute. I have no doubt that we shall solve that problem, perhaps, by imposing on all who administer institutions, functioning under the 1955 Act, the onus of proving that before a patient, who was entitled to hospital services under Section 15 of the Act, elected to avail of the private or semi-private accommodation available in the institution concerned, was informed as to what his precise obligations would be, if he did so. Under a proviso of this kind, the "chancer" would have no chance, and the innocent would be safeguarded against exploitation.

But let me assert again that the 1953 Act broke new ground. Indeed, that is, perhaps, an understatement. In fact, so far as the middle income group is concerned, the 1953 Act represented in its special purpose a social revolution. This may appear to those who are not aware of the facts a sweeping statement and hard to justify. Yet the truth is that before the 1953 Act, the State made no provision whatsoever to meet the special needs for hospital and nursing care of the middle class— perhaps lower middle and middlemiddle class — if one, in this classless society of ours, classless, that is, from a social point of view, may use such terms. Before the 1953 Act, the State was concerned to provide only for the medical needs of very much the lower economic strata in society. Outside that economic condition, only the most meagre, if indeed, any provision at all, was made for the needs of any individual who might be classified as otherwise than among the very poor.

If such provision were made at all before the 1953 Act, it was made only in respect of individuals who were compulsorily insured under the National Health Insurance Acts, and then only to a very limited extent. Outside this limited sector, no provision whatever was made for the special needs of those who were definitely outside the pauper zone. There was no provision made at all for the farmer, for the small shopkeeper, for those in the less well-paid grades of the State and local authority service or for the self-employed person.

The 1953 Act changed all that, so far as the hospital and specialist services are concerned. It gave to persons in all the classes I have mentioned the right, if they should so need, to be treated in hospital at the merest cost of maintenance, or where his economic circumstances justify it, even for less or much less than that, tapering down indeed to no charge whatsoever.

Before the 1953 Act, only persons in two special categories were entitled to the hospital and specialist services demanded by their physical condition. The first of these comprised persons who were literally paupers or only a few shillings per week removed from pauperdom. The second consisted of those who were engaged as employees, as wage-earners, in insurable occupations. Furthermore, while persons in the first category were entitled as of right to hospital and medical or surgical treatment for an indefinite period, for as long as their condition warranted it, persons in the seond category were not entitled to treatment free of charge for longer than six weeks.

Furthermore still, the right to hospital and medical or surgical treatment was confined to the insured individual itself. It did not extend to his wife or children. The position of the insured person and of all those who come within Section 15 of the 1953 Act is quite different. There is no statutory limitation under the Act on his stay in hospital. He is entitled to remain there until his medical advisers consider him well enough to go home. Next, not only is the insured person entitled to hospital and medical or surgical care, but if they should require it, his wife and children also are entitled to all this until they are fit and well again.

Apart from the development and expansion of the specialist services which has been made possible by the 1953 Act for everybody, this is the radical change which has been brought about by that Act. But again let me repeat that I regard the 1953 Act as having provided a foundation only. I think it is a sound foundation and one on which with confidence we may build.

I am hopeful that the Select Committee which the Dáil has appointed will accept that point of view; and that the recommendations which it will make for the further development of the services will secure the unanimous endorsement of the Oireachtas. If the deliberations of the Select Committee meet with this general acceptance, then this issue of the health services will be removed from the political arena.

Having disposed of the general position in regard to the health services, I should like to deal with some points relating to the administration of the code which were raised in the course of the debate. A matter to which many Deputies referred was the assessment of means and they complained there appeared to be a lack of uniformity not merely as between one administrative area and another but even as between one individual and another. On a number of occasions, I have indicated to the House that an apparent lack of uniformity or of consistency of treatment may arise. But let this be quite certain: nobody outside those dealing with his circumstances knows what the real circumstances of any particular applicant are.

The information is regarded as confidential. That is so because of the need to preserve a certain amount of privacy or secrecy in a matter of this sort. Deputy Kyne complained that the county manager would not make available to him certain information about holders of medical cards in some instances, or the circumstances of persons who had been refused medical cards in others. The position there is quite clear for reasons which arise out of the requirements of medical secrecy. Paragraph 2 4 (4) of the Medical Services (Amendment) Regulations, 1955, states:

A document which is obtained or compiled under these Regulations (or part or extract from such document) which contains the name of a patient shall not be published save with the consent in writing of the patient.

If Deputy Kyne had secured the consent of the persons about whom he was making the inquiry, and that consent had been expressed in writing, then perhaps the county manager, having been in a position to give him the information sought, might have done so. However, there is a certain difficulty even in that connection and it arises from the fact that the city or county manager is bound by a provision of the City and County Management Act of 1955 in relation to health functions concerning any particular person who has availed himself of a service.

This matter was raised in a query from a local authority which asked whether the regulation which I mentioned under the medical, services would apply to persons accepted for services. On legal advice, we indicated in a letter to the health authority concerned that to give the names of persons accepted for services under the Health Act would not be a proper procedure. Deputies will understand that there is justification for that decision in so far as if people, who were really in need of medical care, and were unable to provide it for themselves, knew that their circumstances might be made the subject of an examination, even by a member of a local authority, they might be deterred from applying at all and might deprive themselves of the service.

With regard to the assessment of means, as I have said, no one except the individual applicant concerned knows what his real circumstances are. Aftef full and careful investigation, it is for the home assistance officer to determine what they are. And sometimes, naturally, people are not too revealing about these matters, and do not treat the home assistance officer with the necessary candour. The home assistance officer may have other means than that of direct inquiry from the applicant, of ascertaining what his circumstances are likely to be.

Usually the neighbours.

That may be. It is a discharge of a public duty to prevent a person who is not entitled to it from receiving a service at the expense of the community, by what is after all fraud or false pretences. That matter will be the subject of consideration by the Select Committee.

It would be very hard, having regard to the structure of our society, to find a better way of discharging this rather delicate duty of determining entitlements than that which is now in operation. We are, of course, as we would be in the case of any system, very largely dependent upon the integrity of the general body of home assistance officers. I have received complaints making allegations against the home assistance officers and charging them with partiality and being unduly influenced, but I have never yet — let me say this — been able to verify any one of those allegations. We have to proceed on the assumption that the home assistance officers are as honest as the rest of us, and as conscientious in the discharge of their duties.

Deputy Kyne also mentioned the hard case of a man who apparently received a present of a motor car. I take it that he drove the motor car, and for that reason, his application for admission to the general medical register was turned down. It would be very hard for any one of us, if we were in the position of a home assistance officer, to issue a medical card to a person in possession of a motor car and able to spend money on oil and petrol. Let us face it. One could make a hard case about the circumstanes of the unfortunate man upon whom this white elephant was foisted, but he cannot have it both ways. He can, if he likes, sell the car and get a medical card, but if he wishes to retain the car and spend money on petrol and oil, he cannot get a card. At least, that is how I would look at it.

The question of the right of appeal was also raised by Deputy Kyne and others. That is a matter which has caused me a great deal of thought. I should like to be able to say that I can see some way of establishing a right of appeal which would not be too cumbersome, and would not impose on the Minister the duty of investigating every complaint that he may receive from persons who are turned down for medical cards. It is a matter which I know will be considered by the Select Committee in due course, since it has been mentioned on several occasions.

Deputy Kyne has also raised the point about the person over 16 years of age who might be covered by a medical card issued to his parents. That cannot be done automatically. The whole circumstances of the family would have to be taken into consideration. There are families who have an income of perhaps £20 or £25 coming into the house each week, and it is reasonable to expect that they would be able to provide general medical care for their children. That is all that is involved.

May I ask the Minister a question? Does the Minister consider it fair that where two local authority areas adjoin and there are two applicants with exactly the same means, one man's application will be granted and the other man's will not?

It does not seem to me that there is any question of equity or fairness. One man is fortunate enough to live in an area where the Health Authority is much more opulent than the other just as people on the other side of the water enjoy certain things which are not available here. That must apply to adjoining counties also.

The local authorities are little gods.

As the Deputy knows, there is a great difference between the economic circumstances of a person in the west of Ireland and the economic circumstances of a person in the east of Ireland, and particularly in the rural community, but we just cannot even it out. Unless we were to wipe out the local authorities' jurisdiction in this matter altogether, I do not see what we could do.

Wipe out the means test.

That is another day's work. Deputy Dillon and others raised the question of the conditions of the nurses. As a Deputy from these benches said——

The Minister does not know his own.

I just do not recall who it was.

Do not say what he said or he will be insulted.

He pointed out that the improvement in the conditions which Deputy Dillon had been advocating had been authorised by me, and not only authorised by me, but urged upon the local authorities over which I have some degree of control and supervision, and also on the authorities of the voluntary hospitals. Indeed, if Deputy Dillon and other Deputies had read their favourite newspaper this morning, and yesterday morning, they would have read that the chairman of one of these voluntary hospitals had publicly thanked me for what I had done to improve the conditions of the nurses. He said that the situation was now at the stage at which there are indications that nurses who had trained here and gone to England were now tending to leave England and return to their own country. In connection with the plea which was made to grant a 90-hour fortnight, may I say that that has already been authorised?

They are already working a 90-hour week.

That has been authorised, and in some counties— Meath is one, Laois is another, Louth and Waterford — steps have already been taken to implement that decision. We hope it will be possible also in the case of Clare, Mayo, Roscommon and Westmeath to give effect to it.

For nurses?

What about the rest of the staff?

That is another day's work. The Deputy cannot expect me to commit myself to everything at once. At least I think it was more difficult to grant that concession than in the case of the domestics.

The Minister thinks it would be easy in the case of domestics?

I hope easier. I was saying that I understood that, in Dublin, the Health Authority has agreed in principle to the introduction of the 90-hour fortnight. Of course it has to be remembered that the initiative and the onus of putting this into operation lies with the local health authority, in the first instance, but they have got the all-clear from me, provided arrangements for giving effect to the decision are not extravagant.

Deputy Leneghan referred to the position of student nurses. The position there is that, corresponding to the increase granted to trained nurses, a revised scale is also being introduced for student nurses. The scale ranges from £275 in the first year to £400 in the fourth year. These are inclusive salaries, a deduction being made in respect of maintenance. What is being done for the junior nursing staff of the hospitals is being done also in relation to the senior nursing staffs.

Deputy Dillon complained about the delay which takes place in filling vacancies for dispensary doctors. The responsibility for nominating persons to fill dispensary vacancies rests with the Local Appointments Commission and I know that they do everything they can, within reason, to have the vacancies filled as expeditiously as possible. It must not be forgotten in that connection that the Commissioners have some difficulties to contend with. First of all, it is not easy to get Selection Boards together. People are not unduly eager to give up their time serving on Selection Boards and, at the same time, one does not want to have the same people always on the boards because that could create a very undesirable situation. In the early days these competitions were held more frequently than they are now. This resulted in widespread complaints from applicants that they had to come to Dublin several times as individual vacancies were advertised and it would be far better if vacancies were not advertised until there was a sufficient number of them available to make it possible to offer appointments to a reasonably large number of persons who had been found qualified to fill them. After the Selection Board procedure there are the usual inquiries to be made about character and record. These all take time and it is not easy, with the procedure, to make the period any shorter than it generally is.

Deputy Dillon also asked how long could a county hospital be without a county surgeon. The position, of course, is that the county hospital should not be without a county surgeon, if that is at all possible. But county surgeons are like the rest of us. They are subject to human ills, they may need a holiday, or some family circumstance may arise to prevent them from being in constant attendance at the hospital. In general, however, as I said, the county surgeon should not be away from his hospital for an undue length of time, but if he is, a substitute should be put in. The difficulty lies in getting substitutes. We are giving consideration to that matter and we may as a result be able to secure locums upon some sort of regular basis.

Deputy Dr. Hogan made what was rather an extraordinary speech, in the sense that he seemed to be a long way out of date. He was not aware, apparently, of what has been happening in the health services over the past four or five years. For instance, he referred to combined appointments as physician-obstetrician in the county hospitals. Over two years ago, a decision was taken that the county physician, so called, would be required to be of consultant physician status, that is with a higher degree in medicine. A higher qualification in obstetrics is no longer sought for county physician posts. Since the time I have mentioned, county physicians have been appointed in six areas under the revised qualifications and therefore the case made by the Deputy had been anticipated by me and put into practice over two years ago. I should add, however, that while the county physicians appointed under the new conditions are not expected to deal with abnormal maternity cases or to hold specialist obstetric clinics, they are required to deal with normal maternity cases.

As regards the appointment of anaesthetists to our county hospitals, the Deputy's strictures were again completely unwarranted. As a separate specially, anaesthesia is of much more recent origin than the 40 years mentioned by the Deputy. Indeed, it can be said that the general acceptance of this development in the administration of anaesthetics is post-war and the Diploma in Anaesthetics was instituted only about 1943. Since then, I must say we have appointed specialist anaesthetists and there are 50 such at present employed in the local authority services, which seems to be a long way removed from the picture Deputy Hogan presented to the House when he was speaking here.

Some of the Fine Gael Deputies are very anxious to pick holes in our health services. They decry them and run them down and do it on the assumption that the people listening to them are as ignorant as themselves of the real position. Deputy Hogan questioned the need for a regional orthopaedic service. He tried to suggest that orthopaedic surgeons were required only for fracture work. That does not seem to be the case because the orthopaedic surgeons deal with all congenital, developed and acquired deformaties and skeletal diseases.

Deputy Dr. Hogan was also quite erroneous in his conception of the functions of the chief medical officers of health in the county services. I do not want to detain the House unduly, but I think I have dealt at sufficient length with Deputy Dr. Hogan to show that he is not a Deputy to whom we should give too much attention so far as the existing health services go.

Deputy Desmond spoke in regard to the proposed fluoridation of water supplies in Cork and tried to imply, in one way or another, that the Minister for Health was engaged in a piece of smart practice in relation to the ascertainment of fluorine content of public water supplies. He said we had sent down a list of public water supplies to be examined and had omitted certain supplies from the list. There is not a scintilla of truth in that. The position is that the Cork Health Authority were asked to analyse all their public piped water supplies for fluorine — all of them without exception. There are, of course, piped water supplies which are not public supplies, and over them we have no jurisdiction. The result of the analysis of these Cork water supplies shows that only a small number of them contain any traces of flourine, and then only to an insignicant extent.

The Deputy also alleged that insurance companies were in a position to secure X-ray photographs at a fee that would be less than the economic one. I think the Deputy has been misinformed. As far as I know, no insurance company can get an X-ray free or at the amount which would be charged to a middle income person. A person is entitled to an X-ray only at the request of a medical practitioner and only for the purpose of diagnosis or treatment. If an X-ray is required for any other purpose, it must be paid for in full.

Both Deputy Desmond and Deputy Corry criticised the Department because of the condition of a substanial number of dispensaries in Cork. The position there is a very simple one. In 1952 it was decided to provide grants to assist local health authorities to improve the condition of their dispensaries. That service was continued for five years. It was introduced by Deputy Dr. Ryan and withdrawn by my immediate predecessor, Deputy O'Higgins.

During that period the predecessors of the Cork Health Authority, who had a total of 129 dispensaries — 49 of which, I think, are not in a very creditable condition — provided only about 12 new dispensaries with the aid of grants amounting to £6,600. The Health Authority made financial provision for the erection of eight new dispensaries in 1961. That leaves a total of about 40 dispensaries in need of replacement. A new dispensary nowadays costs about £2,000, so that to replace all the defective dispensaries an outlay of £80,000 would be necessary. The loan charges payable on a loan of this amount from the Local Loans Fund over a period of 35 years amount to £5,700 a year, which is the equivalent of less than a penny in the £ in the rates for the area of the Cork Health Authority. I suggest to Deputy Desmond and Deputy Corry that if the dispensaries are in the pitiable condition they alleged in the House today, they should induce their local health authority to put another penny on the rates in order to provide the people of Cork with decent dispensaries.

Deputy Lynch expressed his appreciation of what I was trying to do in respect of mentally sub-normal children. The boot is on the other foot. I should like to express my deep appreciation to Deputy Lynch and those associated with him in this magnificent work they are doing in Waterford. I have no doubt that the work of these voluntary organisations is likely to be very rewarding from every point of view, from the point of view of the child, of the parents, of the State and of the community. I should again like to formally put on record how deeply grateful I am to those in Waterford— and in Cork and Drogheda and Dublin —who are associated with these projects. I trust that groups will be found in other urban centres who will imitate their actions in this manner.

Deputy Lynch, however, and Deputy Dillon were on rather shaky ground when they suggested that one of the main causes of cancer might be the exhaust from diesel engines. Deputy Vivion de Valera, in a very useful and informative speech today, covered practically the whole ground in relation to this problem of the causation of cancer. He quoted an authority who said it was possible that the exhaust from diesel engines might be one of the complex effectors which apparently operate to give rise to cancer conditions, particularly lung cancer. The report of the Royal College of Physicians issued recently entitled Smoking and Health has been most useful in directing public attention to this problem. It has this to say on page 23:

The possibility that motor vehicle exhausts might be an important cause of the recent increases in the incidence of lung cancer can be rejected since there is no increase in the lung cancer death rate among road haulage workers, who would be expected to have excessive exposure to such exhaust gases.

I am not quoting that as infallible. I am merely quoting it to show that there is a pronounced difference as to what the real effectiveness of the exhaust from combustion engines might be in causing cancer. I do not think I should worry the House about some of the other things which have been referred to. I could deal at great length with what Deputy Donegan said; I did deal with some of his remarks when he was not here at the beginning and I do not think it is worth while going over that ground again.

Deputy Gilhawley says the State does not meet 50 per cent. of the cost of the health services, as loan charges on capital expenditure are excluded. The Deputy, of course, forgets in that connection to mention that any substantial works which have been done by the local authorities generally receive a grant of about 50 per cent. from funds at the disposal of the Minister for Health, from moneys out of the Hospitals Trust Fund. He cannot have it both ways. If he gets the grant, he cannot expect the State to meet half the capital charges upon the moneys borrowed by the local authority.

Deputy Leneghan seemed to be under the impression that we do not spend a great deal of money upon providing accommodation for the mentally handicapped. The fact is that to date capital grants amounting to more than £1,700,000 have been spent in the provision of accommodation for the mentally retarded and the two major projects which I mentioned as being in progress will bring that figure to over £2,000,000. In addition £400,000 to £500,000 is paid out annually by the local authorities in capitation grants to the authorities in these institutions for patients maintained in them at public expense, and of course the State finds half of that sum.

Question: "That the Estimate be referred back for reconsideration," put and declared lost.
Vote put and agreed to.
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