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Dáil Éireann debate -
Wednesday, 22 Nov 2000

Vol. 526 No. 4

Adjournment Debate. - Hospital Church.

I thank the Ceann Comhairle for allowing me to raise this matter which seeks clarification of the powers of health boards as between the executive and elected members. This matter relates to a church in Castlebar in my constituency. The Minister of State may not be able to answer my questions but I ask him to convey my comments to the Minister for Health and Children so that he can clarify the position.

This matter deals with the proposed closure of a church on the grounds of the old St. Mary's Hospital, Castlebar. This church was built in 1870 on the grounds of the old sanatorium for the purposes of providing mass for staff and patients. For the past 30 years this church has been used by the Catholic Church where mass has been attended by the general public. The Church does not own the church or the grounds on which it is built. The church is located directly opposite the new entrance to the accident and emergency unit of Mayo General Hospital. Two years ago the people of the parish of Castlebar raised £30,000 for repairs to the roof of the church. I visited it last Sunday and it is a very fine building.

The Western Health Board has announced that it intends to close the church effective 3 December. The reasons given is that it wants to provide a library in the building for the nurse training school, which will be located in the old psychiatric hospital which also houses the Mayo-Galway Institute. The health board says that this is an executive decision and that it has been taken because of the parking problems outside the main entrance to the hospital, for health and safety reasons and the need for a library.

I do not know who is responsible for this issue and why this decision has been made. I reject the reasons given by the health board. The director of the GMIT has confirmed to me that he has offered the health board space and facilities in his premises for this library and a medical library. There is no need, therefore, to acquire the church for library facilities. It is clear, even to the untrained eye, that the obstructions outside the main entrance to the hospital's accident and emergency unit can be improved without interfering with the church. I do not accept that the health and safety regulations come into play in this case. This has been presented by the Western Health Board as a fait accompli and it has misrepresented the Archbishop of Tuam, Dr. Michael Neary, and the local parish priest, Canon Curran, by saying agreement was given by the Catholic Church for this closure when it was not. The Archbishop of Tuam and the parish priest have confirmed to me that they want to continue to say mass for the general public in this church.

Under the 1970 Act, health boards took the power from county councils to deal with health matters and health services. The functions of the elected members of the boards, through the county councils, are to provide these services. The Minister should clarify this matter. The closure of the church is a matter for the board members as distinct from the executive members. Every Sunday approximately 200 people attend mass in the church. The majority of them live in St. Patrick's Avenue, Westport Road, Aglish estate, Knockaphunta estate, Manor village and surrounding areas.

The Archbishop of Tuam has been misrepresented and I would like at the meeting on Friday between the chief executive officer of the health board and the members of the health board from County Mayo for the chief executive officer to say that she will arrange a long-term lease for the Catholic Church so that mass can be provided in the church and that the remaining improvements to the accident and emergency unit can be dealt with without any interference to the church. This makes sense and means the Catholic Church will not have to raise funds for a new church, thereby putting a levy on all the new houses in this district over the next five years. Castlebar is a fast growing town and there will be a need for this service in the years ahead.

On the "executive decision" by the board, which has been presented as a fait accompli , the Health Act, 1970, clearly states that the Minister is entitled to distinguish between any dispute which arises. I ask him to give a direction to the chief executive of the health board to arrange for a long-term lease so that the Catholic Church can continue to provide mass for the general public in this beautiful church in the coming years.

It has also been presented that a new ambulance base will be built at the back of the church. However, ambulance drivers have confirmed to me that they have absolutely no objection to the retention of the church and that it does not interfere with access to the hospital in an emergency. Mass takes place on Sunday morning only for a very short period. I ask the Minister to resolve this issue in the interests of the public and the Catholic Church.

I apologise for the absence of the Minister for Health and Children, Deputy Martin.

The Health Act, 1970, provides for the establishment of health boards by the Minister for Health and Children, by regulation, for the administration of the health services in the State. It also provides for the specification by the Minister, by regulation, of the membership of each board. It sets out the type and category of person who shall be appointed to such membership of health boards. Section 6 of the Act states that:

Subject to section 17, a health board shall perform the functions conferred on it under the Act and any other functions which, immedi ately before its establishment, were performed by a local authority (other than as a sanitary authority) in the functional area of the health board in relation to the operation of services provided under, or in connection with, the administration of the enactments specified in subsection (2).

Subsection (2) lists the relevant Acts. This is the statutory basis, in conjunction with other sections of the Health Act and other relevant Acts under which health boards are responsible for the provision of primary care, secondary care and other services to the population.

Section 17 deals with the performance of their duties by the chief executive officers and other officers of a health board. The Health (Amendment) (No. 3) Act, 1996, inter alia, amended section 17 of the Health Act, 1970, and provided that a reserved function, as defined in that Act, shall be performed directly by a health board and that a function of a health board that is not a reserved function shall be performed by the chief executive officer unless otherwise provided for and such a function shall be an executive function.

The Health Act, 1970, sets out the functions and responsibilities of the Minister in relation to the performance by health boards of their functions in the delivery of health services in their areas. The Deputy will be aware that the ministerial functions and responsibilities cover the whole range of services provided for in the Act and vary from activity to activity.

The Health (Amendment) (No. 3) Act, 1996, also conveyed significant functions and responsibilities on the Minister as regards the interaction between him and the health boards. In particular, it sets out explicitly the responsibilities of the Minister in the determination of net expenditure limits for health boards and the detailed procedure for health boards in the determination, adoption and submission to the Minister of a service plan based on that determination. It also provides for the sanctions that may be applied by the Minister in respect of a health board which is not performing any one or more of its functions in an effective manner or which has failed to comply with any direction given by the Minister.

The underlying philosophy of the Health Act, 1970, and the Health (Amendment) (No. 3) Act, 1996, together with the other body of enactments, is the vesting of powers within the local statutory administrative structure, whether it be the health boards or their chief executive officers, under the broad direction of the Minister. If the Deputy has a concern in relation to a particular activity of a health board the Minister will, of course, will be happy to examine it further. I will convey the Deputy's comments to the Minister.

The Dáil adjourned at 9.20 p.m. until 10.30 a.m. on Thursday, 23 November 2000.

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