I move amendment 2:—
New section. Before Section 18 to insert a new section as follows:—
18. Nothing contained in the last preceding section shall empower the Hospitals' Commission to make and submit to the Minister a scheme which shall involve an alteration of the constitution or an interference with the administration of a hospital which did not receive any benefit from any sweepstake promoted under the Public Charitable Hospitals Acts, 1930 to 1932 and does not receive any benefit from a sweepstake promoted under this Act and which does not receive any grant from a local authority.
The object of this amendment is to protect the hospitals, which take no money from the sweepstakes, from any interference by the Government in their constitution or their internal administration. It is only in Section 17 of the Bill that any danger of that kind can exist. The only danger to the hospitals which do get money under the sweepstakes is because of the conditions which the Minister can put on any grant that is made from the Hospitals' Trust Fund. I am speaking of hospitals, of one of which I am myself a governor, which do not take and have not taken any money whatever under the sweepstakes and, in all human probability, never will. Now the danger to these hospitals of possible Government interference is in Section 17. That is the section which applies to all hospitals, whether they take money under this Bill, or have taken it under the old Hospitals Acts: May I call the attention of Senators to two paragraphs of this section which define the functions of the Hospitals' Commission. The first of these functions is in paragraph (a). They are to do the following things:—
(a) on their own motion to inquire into, examine, and survey generally the hospital and nursing facilities existing in Saorstát Eireann and to collect, record and digest information in relation to such facilities, the needs of the people for such facilities, and the adjustment of such facilities to such needs;
That is altogether right. There is no objection whatever to that paragraph in the section applying to the kind of hospital on behalf of which I am speaking. On the contrary, I know from the board, of which I am a member, that they will welcome any application to them under that paragraph. They will be delighted to give any information and any help possible. It is paragraph (c) that contains the danger. Under this paragraph the Hospitals' Commission shall:
(c) at the request of the Minister, to make and submit to the Minister schemes for the improvement and co-ordination of hospital or nursing or both hospital and nursing facilities in the whole or any particular part of Saorstát Eireann.
Now that includes hospitals that do not take a grant; that do not take money under the sweepstakes. Under such a scheme for the co-ordination of hospital facilities—say a scheme which amalgamated a hospital that takes no money from the sweepstakes with another hospital—it would be quite possible that the scheme would interfere with the constitution and the internal administration of the affairs of a non-participating hospital. It is quite true that probably that could not happen without further legislation. I do not know what view the Parliamentary Secretary takes of that, but it is quite possible that that is the case. My objection is that it should not get into a scheme even under this Bill. There should not be any possibility under this Bill, which is really a measure for the administration of money that comes from the hospitals, of interfering, in the way I have described, with the internal affairs of a hospital that takes no benefit under these Acts.