This Bill is designed to provide machinery which will enable seven Dublin voluntary hospitals to form themselves first into a federation and then permit them in course of time to be integrated as one group, governed by a single body. The seven hospitals concerned are the Adelaide, the Meath, Mercer's, the National Children's, the Royal City of Dublin, Sir Patrick Dun's and Dr. Steevens' hospitals.
About two years ago it came to my notice that some seven of the hospitals in Dublin were considering some form of association. I thereupon contacted the hospitals concerned and asked their representatives to meet me in the Custom House in May, 1959. Arising out of this meeting a committee was set up under the chairmanship of the Secretary of my Department to consider the matter. That committee found it possible to evolve a plan for close association between the seven hospitals, which has been accepted fully by all of them and is the basis of the Bill before the House. I might add here, that this text has also been approved by each of the seven.
I need hardly tell this House that the contribution of the seven institutions covered by the Bill to the development of hospital medicine in Dublin has been great indeed. The establishment and development of every one of them has been closely linked with the social history of this city; and a spirit of deep solicitude for the sick poor permeates the Acts and Instruments under which they were founded. Associated with this concern for the sick was the honourable ambition to develop the art of healing and to foster medical teaching so that not alone would they carry on the fight against the sickness and disease which flourished here but, in addition, would, by being generally beneficial to sufferers everywhere, win fame for their city. The hospitals throughout their history have been amongst the foremost in adopting modern advances in medical science and in fostering nursing skill. But the spectacular developments in medicine and surgery which have been such a feature of this generation have made it necessary to reorganise their activities so as to secure a more rational allocation of special functions between them. The reorganisation will require time and patience to accomplish; for between them the seven hospitals have some 1,200 beds, which is more than one-third of the general hospital beds in the city; and their annual expenditure is in the region of £¼ million. But it is essential that it should be undertaken if the hospitals are to maintain their particular place in our medical life; and the sooner it is effected, the more assured will the future be for all concerned.
I should now like to explain to the House the main provisions of the Bill. Section 1 contains the sundry definitions required for the other provisions of the Bill. Sections 2, 4, and 5 are related. They provide for the appointment of a day to be the "establishment day" and for the bringing together on that day in a rather tight form of federation, the seven hospitals set out in the Long Title to the Bill. This federation, or hospital group, as it is described in Section 4, is to be known in accordance with that section as the Federated Dublin Voluntary Hospitals. The coming into being of the group of hospitals and of a Central Council to take over from the individual hospital boards certain of their functions will be simultaneous. The usual powers of a corporate body are provided for the Central Council. I shall refer more fully to Section 3, in conjunction with Section 19, later. It provides for the ultimate integration by consent of the hospitals concerned.
Sections 6 and 8 of the Bill provide that on the establishment day the existing governing bodies of the hospitals will be reconstituted as statutory hospital boards.
Section 7 deals with the membership of the proposed Central Council. It is proposed that each of the hospitals will appoint five members, two, but not more than two, of whom must be members of the hospitals visiting medical staff. These hospital representatives, together with five members to represent the Dublin Health Authority, will constitute the Council, which will thus have a total membership of 40. This membership, however, may be increased by the appointment of two additional representatives from each university, college or other institution which enters into an agreement with the Central Council for the clinical instruction of medical students. The section prescribes the period for which the members appointed respectively by the various participating hospitals and by the Dublin Health Authority hold office. Briefly it will be three years in the case of members appointed by the hospitals and by teaching institutions, but five years for members appointed by the Dublin Health Authority. The five years is fixed for the latter because it is the period between local elections.
Sections 9, 10 and 11 contain provisions relating to the time and place of meetings, the tenure of office of the chairman and vice chairman, which will normally be for three years, and the procedure at meetings of the Council. There is nothing unusual about them.
Under Section 12, the Council will be empowered to appoint committees. These committees may consist of Council members only or of Council members and other persons, the latter not, however, making up more than one-fourth of the total membership of any committee. For practical purposes the Council may decide that certain of its functions would in the normal way be administered by a committee and it is obviously desirable to provide for this. It is necessary, I submit also, that the the Council should have the power to appoint to a committee persons from outside the Council who because of their special qualifications or experience would be equipped to assist the Council in considering special problems.
Section 13 provides for the employment by the Council of the necessary staff. In Section 14, the functions which are to be assigned to the Council are specified in some detail. They include major administrative functions in relation to finance, staffing, assignment of specialties and professorial units, the apportionment of beds amongst the visiting medical staff, and medical and nursing education. In the financial field, for a period of four years after the establishment day, the Central Council will examine the estimates of the participating hospitals and may suggest amendments to them. After the expiration of four years, the estimates will be subject to approval by the Central Council.
It should be noted also that under this section individual hospital boards will cease after the establishment day to appoint visiting medical staff. Instead the Central Council will make such appointments to the group as a whole and assign the appointees to the individual hospitals. Safeguards are included in the section to protect the position of a hospital of a particular denominational character in relation to assignments of visiting medical staff and also in relation to the education of nurses. Any rights of the present visiting medical staffs of individual hospitals will be protected by subsection (5) of the section.
Section 15 inhibits the hospital boards from performing any of the functions assigned to the Council. Except for these, however, the Boards will continue to perform the functions of the present governing bodies, with one notable restriction which is imposed by sub-section (3). That sub-section provides that moneys collected by a hospital by public appeal will not be used for capital purposes by the board without the approval of the Council. The provision will enable the Council to control expenditure on capital projects by members of the group, so as to co-ordinate it with the requirements of the group as a whole.
Sections 16 and 17 provide for the amalgamation of two or more hospital boards with their consent and for the dissolution of a hospital board with its consent. Necessary adjustments in membership of the Central Council would be made on the dissolution of a board. Section 18 gives the Central Council power to make an agreement for joint action with a hospital outside the participating hospitals.
I have already mentioned Section 19 in association with Section 3. Section 3 provides for the appointment of the "transfer day" by the Minister. The "transfer day" marks the second and final stage of the development which the Bill provides for. On that day the complete integration of the seven now separate institutions will have been accomplished, and, under Section 19 they will cease to exist. They will not, of course, be wiped out summarily. Certain rights are reserved to the participating hospitals under Section 3, notably the right to dissent from the appointment of the "transfer day" and the right at this stage to opt out and leave the Federation. Furthermore an order appointing the transfer day cannot be made without the consent of two-thirds of the hospital boards which exist at the time.
Under Section 19, the separate hospital boards will be dissolved on the transfer day and their staffs, assets and liabilities transferred to the Central Council. The provisions of the Second Schedule will govern these transfers to the Central Council. This Schedule contains provisions to protect persons employed at the time of the transfer day against any disimprovement in their position arising from the change. Where the services of a person are terminated because no suitable position for him exists under the Council, he will be paid such compensation as the Council consider fair and reasonable. The Council's decision on this matter will, however, be subject to an appeal to a person designated by the Minister.
Section 20 of the Bill relates to the expenses of the Council before amalgamation and provides that these will be divided on the basis of bed complements. Section 21 will make a change in the procedure for appointments of the hospital members which is a consequence of the abolition of the separate hospital boards on the transfer day. Obviously, the triennial appointments of these members could not be continued after the boards are dissolved and it was therefore necessary to provide that vacancies after the transfer day in that part of the membership of the Council previously filled by the hospital boards would be filled by co-option. The hospital board members of the Council in office on the transfer day will continue in office until death or resignation, unless they are disqualified under Section 7 for failure to attend meetings. Periodic appointments of members by the Dublin Health Authority and any appropriate teaching body will still take place after the transfer.
Section 22 provides for the making of any necessary amendments in the Acts and Instruments of Foundation of the hospitals and Section 23 for altering, with the consent of the governing body concerned, the composition of the governing body of a participating hospital (other than the Meath Hospital, which is regulated by the Meath Hospital Act, 1951). Under Section 24, orders under the Act will be laid before the Houses of the Oireachtas, which will have the usual power of annulment.
Section 25 provides for the confirmation of an agreement a copy of which is contained in the Fourth Schedule to the Bill. This agreement, which was made recently between Trinity College, Dublin, the Royal College of Physicians and Sir Patrick Dun's Hospital, relates to arrangements which exist between the three bodies under the will of Sir Patrick Dun and the provisions of statutes of 1800 and 1867. The will provided for the vesting of Sir Patrick Dun's estate in the Royal College of Physicians to meet certain payments, including the salaries of four professors of Trinity College known as "King's Professors" who had the right and duty to teach in Sir Patrick Dun's Hospital. There are also, at present, arrangements for certain other members of the staff of Trinity College to lecture in Sir Patrick Dun's.
The agreement now made will put an end to all existing rights and obligations arising from the will of Sir Patrick Dun and the statutes of 1800 and 1867, some of which are inconsistent with the present Bill. It has been agreed to realise the value of the property and to distribute it equitably amongst the contracting parties.
Before I conclude, I would like to say this. The history of attempts at amalgamation between various Dublin hospitals dates from at least the year 1855. It has been a most tangled story of difficulties and disappointments. My own efforts to bring at least one aspect of it to a successful conclusion have been made possible by the zeal, devotion and interest displayed at all times by the representatives of the participating hospitals. Without the complete co-operation which they have shown, it would not have been possible to proceed with this Bill.
I am gratified to have reached the present stage in the enactment of this very desirable measure and I confidently recommend it to the House.