Vol. 572 No. 2
23 Caoimhghín Ó Caoláin asked the Minister for Health and Children if he will report on the contacts he has had with the Medical Defence Union; and the further steps his Department proposes to take to ensure the MDU meets its financial obligations in providing insurance cover to its present and former members. [22588/03]
39 Mr. Cuffe asked the Minister for Health and Children if his Department is considering legal action against the Medical Defence Union; the financial implications of this dispute with the MDU; and if he will make a statement on the matter. [22573/03]
I propose to take Questions Nos. 23 and 39 together.
I have had regular meetings with the Medical Defence Union, over recent years as part of the process of implementing the Government's decision to introduce enterprise liability as the basis for providing professional indemnity cover to health agencies and their employees. Many of these meetings have been taken up with resolving the issue of who should have responsibility for claims arising from events that had occurred before the inception of the new arrangements. The Government's position on this issue has been clear and consistent throughout. The commercial insurance companies and the mutual medical defence bodies which had taken premiums or membership subscriptions in respect of years prior to the scheme are responsible for these liabilities. This position has been accepted by all of the commercial insurers and by the Medical Protection Society. The only body contesting this view is the MDU.
The Government would prefer that the transition from the old indemnity arrangements to the clinical indemnity scheme were a smooth one so as to remove uncertainty for patients and doctors. In that context discussions were held with the MDU on a possible transfer of liabilities if accompanied by a transfer of substantial of assets to be set against the liabilities. The MDU's offer was rejected on the grounds that it was wholly inadequate.
In my most recent correspondence with the chief executive of the MDU I have indicated that the Government is prepared to take all possible measures, including court action, to ensure that the MDU meets all its obligations to its present and former members in Ireland.
