Dáil Éireann debate -
Wednesday, 10 Jun 1992

Vol. 421 No. 1

Adjournment Debate. - Teacher's Early Retirement Application.

Mr. Cotter

I thank the Chair for giving me the opportunity to raise this matter. My contention is that the Department of Education are refusing to recognise chronic fatigue syndrome as a disease which can incapacitate a teacher for many years. In this case the Department have decided to cast serious doubt on the best specialist opinion on the disease which is available in this country. I have information to suggest that the chief medical officer is prejudiced in this case.

The application by this teacher for early retirement was refused because the Department officials and the chief medical officer do not believe that the disease can incapacitate a person for very many years. This teacher was referred by the Department to a heart specialist for a decision on his condition. While the heart specialist is an eminent man in his own field, how can he be expected to make a fair judgement in an area of medicine in which he does not specialise? Professor Feighery who specialises in immunology in St. James's Hospital has verified for the Department that in this case the teacher's condition is likely to be permanent. Dr. Webb, who also specialises in the treatment of this disease, has done likewise. So also has Dr. Peter Moran, the GP who has treated this teacher for more than four years. Yet, this body of medical opinion was cast aside on the basis of an opinion from a heart specialist.

Chronic fatigue syndrome also known as ME, known also as "yuppie 'flu" is a very modern phenomenon in so far as it has only been recognised as a disease in the past decade or so. It is difficult to diagnose and quite obviously it is not yet recognised by some people including the officials in the Department of Education. The disease is very real and those who suffer from it are unable to continue working. Some people recover after a time but in other cases recovery can be very slow indeed. In this case the individual has not recovered after more than four years.

I put it to the Minister that early retirement is not permanent. As far as I can gather it is subject to review every two years. I request that the Minister order an immediate review of this application. This teacher should be offered early retirement in his present condition and should he make a complete recovery the Department will be able to reverse that decision.

Mr. Aylward

I thank Deputy Cotter for raising this matter. The position is that paragraph 18 (i) (b) (ii) of the 1929 secondary teachers' superannuation scheme allows for the payment of a disability pension where the teacher:

Satisfies the Minister for Finance that while actually serving as a teacher he has become incapable from infirmity of body or mind of discharging the duties of a teacher and that such infirmity is likely to be permanent.

In this connection the scheme also requires that:

Where a person applied for a pension on the grounds of infirmity of body or mind, such a person shall furnish to the Minister medical evidence of his condition and shall, if so required by the Minister for Finance, submit to such medical examinations as that Minister may direct.

Where an application for disability pension is made to my Department, the matter is referred to the chief medical officer for the public service for his advice and recommendation. This procedure was adopted in this case but the chief medical officer did not consider that the granting of a disability pension was warranted in his case.

The Deputy will appreciate that the Department must be guided in such cases by their professional advice. I should add that in the case under reference, the chief medical officer sought a second opinion in the matter and arranged for a specialist to examine the teacher. Having considered all the available medical advice, including the second opinion sought, the chief medical officer gave his views to my Department. The teacher in question appealed the decision on a number of occasions but each time the chief medical officer confirmed his opinion. In the circumstances, I trust that the Deputy will agree that a disability pension cannot be granted in this case. In view of the Deputy's special interest in this case I will have the matter further examined and will communicate with him in due course.