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Seanad Éireann debate -
Thursday, 25 Feb 1954

Vol. 43 No. 6

Motion—Health Act Services.

I move:—

That the Seanad is of opinion that the services provided by the Health Act, 1953, should be put into operation without further delay.

At the outset I think it is fair that I should thank the Senators who had signed their names to other motions for having consented to give my motion priority in the order of business. I have no doubt they did that realising the importance of the topic it is proposed to discuss, than which, in my view, there is no more important topic which could be discussed by either House of the Oireachtas, the provision of better health services for the community.

Having said that I feel I must comment on the curious absence from the House to-night of Senators who are doctors. It is rather a pity that the House should not have the benefit of the views of Senator Professor Cunningham, Senator Professor Fearon and Senator Doctor Barniville. At least two of these Senators have been stern opponents of the Minister's policy in reference to the provision of a new pattern of health services.

On a point of order. Might I ask whether opposition to the Health Bill is in order in a discussion about the putting into operation of the Health Act? The Senator seems to me to be proposing to cite speeches made upon the Bill. Am I to take it we are discussing the Act, as and from the passing of the Act, and not further, or otherwise?

An Leas-Chathaoirleach

Yes. Will the Senator deal with the motion as it stands? There can be no reference whatsoever to the Bill as it went through this House or the other House.

On a point of order. In fairness to Senator Hartnett may I say that he was merely developing a point, that was the absence of people who should be primarily interested? He named three people; there are two other medical members of this House, one of whom is present and the other not present. He has not named those. I refer to Senator Professor Jessop and Senator Professor Farnan. In fairness to the Senator I feel he should be allowed to develop the point.

An Leas-Chathaoirleach

The Chair will have to decide that.

I did not allude to the Senator's reference to members present or absent. He proceeded to explain that certain people were in opposition to the Bill. I would have no objection, if there was time, for a free-for-all discussion as to what happened in regard to the Bill.

An Leas-Chathaoirleach

The Chair has decided that it will not allow any reference to the Bill.

Very good, Sir.

While I do not know what line the Senator who has named these people is going to develop, I feel he should be allowed to develop it. I might disagree violently.

An Leas-Chathaoirleach

The Chair will hear the Senator but I warn him that he must keep to the terms of the motion before the House in dealing with the Act.

I will continue to keep strictly and religiously to the terms of the motion as, I submit, with respect, Sir, I have been doing hitherto. At the time I was interrupted by Senator Professor Hayes I was pointing out that it was a pity that in this House of the Oireachtas which is supposed to be in large part a vocational assembly, the House will not have the benefit of the views of those Senators who are known to oppose the Minister and who have boycotted — at least who are certainly absent from—this sitting to-night though it was well known at an early stage yesterday afternoon that the Minister had consented to be present to hear such criticisms as I have to make both of him and of the Irish Medical Association in connection with the present deadlock.

An Leas-Chathaoirleach

How do you connect that with the motion?

I am asking that the services provided by the Health Act should be put into operation.

An Leas-Chathaoirleach

Then proceed on those lines.

Perhaps you will bear with me, Sir, and allow me to explain myself. I was pointing out that the deadlock is caused by a difference of viewpoint between the Department of Health and the Irish Medical Association. In order to be relevant at all, I shall have to deal with that matter. I submit, with great respect, that it is surely relevant for me to point out that three of the absentee Senators — elected, for the most part, by medical graduates of the universities — should not be absent from a discussion of this kind. Though they expressed their views——

An Leas-Chathaoirleach

The Chair has no authority to compel Senators to be here.

I am not at all asking the Chair to compel the Senators to be here. I am merely regretting that they should have shown such——

An Leas-Chathaoirleach

Three times is sufficient for the Senator to make that statement.

I trust I have sufficiently emphasised it. I consider it a matter of the very greatest importance and I view with the very deepest regret——

An Leas-Chathaoirleach

Three times should be sufficient.

It is undeniable that, since 1944, the people of this country have been looking forward with eagerness to the provision of a better system of health services. In 1947, the pattern which it was proposed those health services should take was clearly laid down——

An Leas-Chathaoirleach

The Senator is going back on past history. This motion reads:—

"That the Seanad is of opinion that the services provided by the Health Act, 1953, should be put into operation without further delay."

There is no necessity for the Senator to go back to 1944 or 1947 or any other time. The Act is a fact. The Senator should deal with that particular matter at the moment. I would ask the Senator to keep to the point or else I am afraid I will have to——

I am only a novice in this House. Perhaps I have been led astray by hearing Senator Tunney and Senator McCrea criticise Ministers for not making themselves available for the discussion of other motions in this House. It was because their references to that were deemed to be relevant that I, too, thought I was being relevant. But, of course, I have to accept your ruling, Sir, that I am wrong, though I do not agree with it. Since the passing of the Health Act of 1953, and during the long interminable debates that led up to the passing of the Health Act of 1953, the ordinary people of this country have been looking forward with eagerness and the keenest anticipation to the benefits which they expected would flow to them from the health policy of successive Governments — that is, of the last Government, until they abandoned it, and of the present Government. I am not going to stray from the straight and narrow——

An Leas-Chathaoirleach

The 1953 Act and 1954.

I am keeping to 1953. This Act was passed, I think, last October. Before the Act was passed there were, as I have stated already, interminable debates in Dáil Éireann. There was a very caustic debate in this House. The matter was thrashed out very fully and very effectively and then the Bill——

An Leas-Chathaoirleach

And it is now law and now a fact.

I was going to say that. I thank you, Sir.

An Leas-Chathaoirleach

That is all that need be said.

If the Chair will permit me to say it in my own way——

On a point of order. I said earlier that I did not know whether I was going to agree or disagree with Senator Hartnett's speech on this motion. I think, however, as a lover of order — and, in that, I am at one with St. Thomas Aquinas: I love order——

And with Senator Hayes, actually, as well as with St. Thomas.

I am glad I have had that approach. I submit to you, A Leas-Chathaoirleach, that I seldom get on my feet to look for any man's voice to be heard here whether he be relevant or irrelevant. This House has a great tradition. If a man is not abusive and if he keeps, even narrowly, within the terms of a motion or the terms of an amendment to which he has put his name, this House has a tradition of listening to him without interference from one side or the other — and especially without interference from the Chair unless the Chair feels so sure of its position that the Chair must intervene and intervene very severely. A Leas-Chathaoirleach, I ask you to maintain the tradition of this House. You have presided over it before and you are presiding over it to-night. Members of this House have a right, within reason, to express their point of view. We may agree or disagree with it but they have the right to express that point of view.

An Leas-Chathaoirleach

I dislike that attack on the Chair and Senator Hearne has a way of remedying the matter. The Cathaoirleach, whilst he is in the Chair, has the sole right to discuss what is order or to decide what is in order or what is out of order. If the Senator is not satisfied with the Chair's ruling, then he has an alternative and I should like him to make a move on that some day. As far as the mover of the motion is concerned, the Chair is prepared to give a hearing — as I have, I hope, on all occasions — within reasonable limits, all the time. Senator Hartnett has repeated himself three or four times already. He has accepted the ruling of the Chair. We have gone back again on what the Chair told him was out of order. Will Senator Hartnett now proceed?

May, I say again, with the very greatest respect, that I resent very strongly your statement that I have gone back on the ruling of the Chair?

An Leas-Chathaoirleach

The Senator went a roundabout way to repeat what had been stated previously on two occasions. That is what I said.

On a point of order. It is almost impossible for any speaker on a motion, or any other business before this House, to show that he is inside or outside the Rules of Order when he has not even three sentences uttered before he is interrupted.

An Leas-Chathaoirleach

Senator Hartnett to proceed.

I was trying to proceed. It is very difficult to know the precise point which I was discussing, after the lengthy interruptions which have occurred. However, I do not want to tire or bore the House unduly, and I will do my best to get back to the point with all possible speed. The people of the country are now wondering why the services provided for them in the Act passed by the Oireachtas are not flowing to them. I know only what the man in the street knows about what has happened since the Bill became an Act. I think it is proper that I should ask the Minister for Health to give an explanation to this House of the Oireachtas as to why greater progress is not being made in providing these services. I thank the Minister for having observed the best democratic principle in having come into the House to listen to such criticism as I have to offer and, I have no doubt, when the time comes, to answer it.

It was assumed at the time the Bill became law that those who had opposed it would respect the will of the people and would say: "We wanted a different type of Bill but, now that the people's representatives in Parliament have spoken, the Health Bill has reached the Statute Book and it becomes our duty as good citizens to assist the Minister in making the best possible success of the machinery provided by the Act." That is what would have been expected. It would have been expected particularly that members of both Houses of the Oireachtas would have taken that view. It would, I think, be regarded as a very serious matter that members of the Oireachtas should inculcate disrespect and disregard for their own legislation.

Now, what has happened since? It is now the end of February — four months after the Bill passed into law. Apart from a few administrative provisions and the introduction of the maternity cash grants on the 1st January last, the Act in its main provisions is, up to the moment, stillborn. The public have no indication as to when they can expect to see the administration of the hospital services, maternity services, infant welfare services, the improved dental services or the rehabilitation services, including the allowances for disabled persons. There has been no definite indication from the Minister as to when he can provide those services.

I cannot make myself conversant — I have no means of doing so — with what happens between the Council of the Irish Medical Association and the Minister. All through this controversy leading up to the passing of the Health Bill, 1953, and subsequent to it, the council has been adopting what I can only describe as Prussian methods. They have been playing a game of trick-of-the-loop. I would like the Minister to take note of these statements. I venture to conjecture that the Minister has met representatives of the council and that they have told him: "We will not discuss it; we will not co-operate" or, to put it colloquially: "We are not going to play ball." They have every right as a trade union — just like the Federation of Rural Workers, the Irish Transport and General Workers' Union, the Workers' Union of Ireland or any combination of workers, for their own benefit — to endeavour to secure for themselves the best possible pay and working conditions. I do not quarrel with that. If their attitude were that they would go to the Minister and say: "Here is the Act passed by the Oireachtas; we suggest that in schemes which you draft pursuant to this Act you should do so and so and so and so, and we feel that the doctors who have to work under the scheme should be amply remunerated and we suggest a figure of £x for those services or for this or that service," that would be perfectly reasonable conduct and perfectly in accordance with democratic practice and with trade union practice.

Is that the case? Is that what has been transpiring in the conversations which have taken place between the representatives of the Irish Medical Association and the Minister? I very much doubt that it is. On the 28th January last there was published a resolution of the Council of the Irish Medical Association which ran in the following terms. I have taken it from the journal of the association—and from a study of the terminology of the association you will see I buy the journal certainly not for its literary value. The resolution reads:—

"The council of the association, having already decided that the Health Act, 1953, is fundamentally defective, now consider that the proposals received from the Department in connection with the intended implementation of certain sections of the Act, are repugnant —

whatever that may mean —

and unacceptable."

So now we know that the Bill, which we in this House helped to pass into an Act, was fundamentally defective. We are receiving instruction on this matter from the Council of the Irish Medical Association.

There is just another little undertone which I would ask those members of the House who are interested — and they are not many, perhaps, on that side of the House — to note. The report of the meeting of the association at which this resolution was passed contained references to the payment of staffs in voluntary hospitals, and states that "all members were of opinion that the question of adequate remuneration, which had been engaging the attention of the voluntary hospitals and associated specialist groups for a number of years, should be considered and dealt with entirely separate from any proposals in connection with the recent Health Act." The Health Act is "fundamentally defective and unacceptable"; but if the Minister is prepared to make any grants or contributions which are connected with the Act, all contributions will be thankfully received. That is, to put it mildly, in my respectful submission, a Leas-Chathaoirligh, insolence — insolence which is out of tune and out of temper with all democratic practice.

If this headline is to be set up by the Council of the Irish Medical Association, see to it that it is not followed to-morrow, or next year, or the year after, by some other body of people who combine for the purpose of securing their own interest. See to it that you are not sowing the wind and will not reap the whirlwind. It may well be that the headline now being set will be copied next year or the year after, and that a body of workers will turn to a democratic Government in this country and say: "We do not care a crack of our fingers for your Act. We will not work it. We have no respect for Parliament, and, if the Act is being discussed in Parliament, we will tell the workers' representatives to remain out of the House, perhaps tell them to go dining and wining elsewhere, when the Act and matters relevant to the Act are being discussed in Parliament." That would be a sorry state of affairs indeed, and I am sure it is a state of affairs which nobody in this House would or should wish to bring about.

I want again to put a question to the Minister. I know what the attitude of the Council of the Irish Medical Association is. They have told me in the resolution I have quoted to this House, but is that the attitude of the ordinary general practitioner throughout the country? Is that the attitude of the hard-working dispensary doctor, the hard-working general practitioner in Dublin and in the rural parts of the country? I do not know. I do not know how far these people's claim to represent the medical profession as a whole is accurately based. I may quote from a letter dated 15th February, 1954, which appeared in the Irish Press of the 17th of this month. It is headed “Irish Medical Association Council Decision” and reads:—

"Sir,

The daily papers have given wide publicity to an editorial in the February issue of the Journal of the Irish Medical Association. This editorial mentions certain documents marked confidential which were explanatory of proposals made by the Minister for Health regarding the implementation of certain sections of the Health Act, 1953. It goes on to state that: ‘At the most recent meeting (January 28th) of the council of this association his proposals, having been examined by the representatives of every group and branch within the association, were, without one dissentient voice, declared to be repugnant and unacceptable.' As a result of this and of newspaper comments thereon, I find that many members of the public are under the impression that the proposals were examined by the branches of the Irish Medical Association prior to the meeting of the Central Council. As a rank and file member of the Association, I feel that it is necessary that this should be corrected and to state that copies of the proposals were first issued from the headquarters of the Irish Medical Association to its members on February 12th and that it is only since then we have had an opportunity of reading the proposals which were dealt with and rejected by our council at its meeting on January 28th.

The resolution to which I have already referred the House was, as stated, passed on January 28th and the proposals were released to the branches by the Central Council of the Irish Medical Association on the 12th February. The medical profession is a scattered profession. Its members, the general practitioner group, work very hard, and they are generally not very vocal — regrettably not very vocal. I think they dislike having to come out in public and perhaps contradict what are said to be their views by the Council of the Irish Medical Association. I would say this to the Minister, and I would say it to him on the best authority I have got from various parts of the country — I made it my business to get it and I ask him please to bear this in mind and to note it — that his views and proposals are being grossly and fantastically misrepresented to branches of the Irish Medical Association throughout the country, that there is a scandalous whispering campaign being carried on, that the dispensary doctor is being told that the Act represents ruin for him and that the general practitioner is being told that the Act represents ruin for him.

That is, in my respectful submission, a contemptible misrepresentation, and, in order to correct it, I think there is only one expedient open. It is that the Minister should suggest to the Council of the Irish Medical Association that they call a convention in Dublin of delegates from each branch of the association, and that that convention be given an opportunity of hearing the Minister's explanation of the proposals he is making pursuant to the Act and that there be a full and free discussion on the whole matter. I think that suggestion should be made. If it is made, I can see no reason why it should be rejected. It is wrong that a democratic Minister should be imposed upon and I am suggesting to the Minister that he is being imposed upon. He is a man notoriously of a kind and tolerant disposition and the game is being played with him — you will permit me to say this in passing — which was played with his predecessor. The game is this: "Keep on stalling. Tell him that we will meet him. When we meet him, tell him that we have nothing to say, that we will report back to our members, that we will get their suggestions and that when we have their suggestions, we will meet him again" and thus it goes on — a perpetual game of trick-of-the-loop. And the only sufferers are the people who would benefit by this Act and the services to be provided by this Act, if there was even the slightest degree of co-operation forthcoming from the medical profession.

The Minister has been tolerant from the introduction of the White Paper up to the present day and they play on his tolerance with the purpose of defeating his proposals. What lies behind it? Again I will tell the Minister what lies behind it and I have this on very considerable authority, which, unfortunately, I am unable to designate because it was given in a confidential way. The consultants who constitute the Council of the Irish Medical Association have been told: "Well, you do not like this Health Bill. Keep on stalling and if you keep on stalling long enough there may be a change of Government. Of course, if there is a change of Government, back you go into the Customs House and you can have any Bill you like at any cost you like and people will not be consulted. You will be able to arrange things for yourselves in your own way." Again, as I have said, the consultants, just like the general practitioners, are very hard-working people. They accept this. They feel it is possible that if you stall long enough there will be a change of Government.

I would ask them to go into the look-out of their ivory towers and from there survey the political situation. They will see how vain is that hope now. I would ask them to consider that. I would put this to members of the House who are representatives of the Irish Medical Association. There is quite a number, but the only one who has done us the honour of being present is Senator Jessop. I would ask him to convey to his fellow members of the Council of the Irish Medical Association that it is foolish of them to delude themselves with the possibility of a change of Government, that the people who have conveyed that to them and the people who are impressing on them that that is the right technique to adopt are deceiving them.

What they hope to do is this. They are not interested in the medical profession as such. What they are very interested in is in discrediting the Fianna Fáil Party and discrediting the Minister. If the Minister does not provide the services, the Council of the Irish Medical Association will say: "But this is utterly unreasonable. He will not have any discussions with us. When we went to him we told him that we would have to get the views of our members." They will not say this was put up for the 30th, 40th or 50th time. They will not say in dealing with the Minister that he showed, forbearance more than human in his dealings with them. In return they show for him a contempt which Senators of this House, members of the Council of the Irish Medical Association, have shown for this House by boycotting this sitting to-night.

I would not blame them if they felt like not having any desire to hear what I have to say but surely they are interested in hearing what the Minister has to say? In the little game which they are playing the Minister is a very important person but they are shirking debate. They shirked debate on every conceivable occasion. They do not want debate. I ask the Minister what he proposes to do in this context? I ask him if he is going to allow the trick-of-the-loop to go on indefinitely? I ask him whether, if this attitude continues, he has any proposals to make to provide the people with the services Parliament provided for them?

When the Public Health Services Bill was introduced in Britain, the men at the head of the British Medical Association showed opposition. The service went through and the British Medical Association said they would not co-operate but they went to the Minister and did their best to help and assist him. Now very many of them admit quite frankly that they were quite wrong in their opposition and that the scheme, costly though it may be, is producing what it was intended to produce—a vast improvement in the health of the main body of the British people, surely a consummation devoutly to be wished in any country.

We have a native Parliament now for a considerable time and it appears that there are some people who still display a high-handed attitude towards it. I would not have blamed the Irish Medical Association for taking the attitude they did, but I do blame them now for inculcating disrespect for the Legislature. I say to the Minister that if he tolerates it and submits to it he will be, as I said already, setting up a headline which may have very grievous consequences in the future. You cannot permit doctors and a privileged class to do what you are going to deny to other classes in the country. If you permit it to the doctor you must permit it to the farm labourer, plumber and carpenter. Senator Yeats says "and the lawyers." I would say, in passing, that a man does not have to go to law, but he cannot help being sick.

Of course, he can.

There is that essential difference, unless he is a hypochondriac.

What happens after he goes to law is that he gets sick.

A double dose!

It probably cures him and he will never go again. It has that good effect any way. There is quite a number of points I want to make. I have no doubt that somebody in the House will accuse me of attempting to bedevil the situation as between the Minister and the Irish Medical Association. Some Senator will stand up wringing his hands and declare unctuously that I am doing a grave disservice by ventilating this matter through the medium of this motion to-night. I will be told that the matter was just on the point of settlement. I frequently meet members of the Council of the Irish Medical Association. I know them personally. They are very, very decent people like many members of this House outside the House. Outside the council chamber, they are very decent people. Each one of them assures me that he is completely reasonable but that the other fellows are unreasonable. But if the Minister waits with the patience of Job his good reason will prevail over the unreasonableness of the others.

I am sorry, Sir. I have not endeavoured in any way to try to evade the ruling you gave. I know you will permit me to say that I regret I was unable to put this matter in the perspective of the last ten years. However, you have so ruled and I accept that, of course. It is an attitude which cannot be maintained for the next ten years. They are hoping that they will be able to maintain it until by some — to them — lucky fluke there comes a change of government which will result in their restoration to the Minister's seat in the Custom House, when the Ministry of Health will be put into committee, the committee being the Council of the Irish Medical Association. That is not, in my view, democratic practice.

There is nothing wrong with such a hope, is there?

An Leas-Chathaoirleach

The Chair did not hear the remark.

The Senator said there was nothing wrong with such a hope. I know he meant that seriously and I will deal with it seriously. There is nothing wrong with such a hope provided it does not result in the people who, through shortage of money, are unable to avail of the services which I read out at the start of my speech in moving this motion, being denied access to these services. If it does, it ceases to be a hope and so becomes a dangerous delusion which every care should be taken to banish. There are many other aspects of this with which I would like to deal and I trust I shall not be boring the House in doing so.

I will defend your right to speak. Whether I agree or disagree is immaterial.

An Leas-Chathaoirleach

There is no objection as long as the Senator keeps within the limits.

That is his right. It was a facetious interjection, but I am serious in saying that if the Senator speaks within those terms he can speak as long as he likes. Thank goodness this is still a free country.

Apart from the resolutions passed at the meeting of the Council of the Irish Medical Association on February 28th, which I have quoted to the House, there have been other statements which I have collected. In the August, 1953, issue of the journal of the Irish Medical Association (page 27), the address of the new president of the Irish Medical Association, Professor W.P. O'Donovan, Cork, at the annual general meeting in Waterford, on the 1st July, 1953, contains the following statement: "The Health Bill has been modified by several amendments." It was then, I think — the Minister will correct me if I am wrong — on its long and tortuous passage through the Dáil through members of the Opposition holding it up, no doubt, with a view to improving it (I trust the stenographer will, in brackets, note my sarcasm). What does Professor O'Donovan state? "The Health Bill has been modified by several amendments. What is our reaction now? The same as before."

I ask in all sincerity what does all this mean? Does it mean that the Irish Medical Association take upon themselves the right to flout the will of Parliament? They cannot be coerced to work, and it would be wrong that they should be coerced. They can, like the members of trade unions, withdraw their labour. They can refuse to work unless they get proper wages and proper working conditions. I do not deny that right but health is an essential service. Health is the most essential service in the country and if the people have decided that they want a certain pattern of health services is it democratic that the medical profession should say: "The people may want it but the people can go and whistle for it. We are the only people who can provide it and we will not do so." That, of course, is not the attitude of the ordinary doctor; that is not the attitude of the ordinary general practitioner or of the ordinary dispensary doctor. Everyone in the House knows how they work, particularly in rural areas, for their patients, some of them with very little reward or remuneration.

Hear, hear!

Certain people in Dublin, who have — if I may use a colloquial expression — developed swelled heads, certain people who may be mighty big in the institution to which they belong and who may be able to strut along as little gods through the wards and along the corridors of hospitals must realise that a line must be drawn to their conceit. They must realise that a time will come when people will say: "We have had enough of it", and I am asking the Minister to say that now.

I know the Minister may criticise me, that he may tell me I am unduly impatient or that I am a bit of a crank. I do not care about that. I am warning the Minister of what I conceive to be very real dangers in the situation and I want to tell the Minister this, in case he does not know it already, that the views I am expressing to-night, I am positively convinced, are the views of 90 per cent. of the people of this State, and the more would they be the views of the people of this State if the people were satisfied that there is a sectional group trying to hold the Minister up to ransom.

I do not need to remind the Minister of his Irish history. The Minister knows that groups who have tried to do that in the past, whether the remote or recent past, failed in their attempts to do so and failure will now descend on the efforts of those people. I am sorry I am unable to deal with the vast amount of material which I have here, mainly statements from propagandists in the battle. It is, of course, relevant to the discussion and in my submission it is proper that it should be on the records of the House. This is a matter which from being a mole hill may grow into a mountain. This from appearing to be a mere minor controversy may become a question which embraces the whole of our democratic practice and procedure. I move the adjournment of the debate.

Debate adjourned.
The Seanad adjourned at 10 p.m. until 3 p.m. on Thursday, 4th March, 1954.
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