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Seanad Éireann debate -
Thursday, 29 Jun 1972

Vol. 73 No. 2

Health (Hospital Bodies) Regulations, 1972: Motion (Resumed).

Debate resumed on the following motion:
That Seanad Éireann approves the following Regulations in draft:—
"Health (Hospital Bodies) Regulations, 1972—a copy of which Regulations in draft was laid before Seanad Éireann on 11th May, 1972."
—(Tomás Ó Maoláin).

Last night in the few minutes at my disposal I made reference to some of the statements contained in the Minister's speech to the Seanad. I should like to take up from there. The Minister made certain very important references in his statement to the operation of the four extra bodies which it is now proposed to bring into operation arising from section 41 of the Health Act, 1970. These four bodies, as he has stated, comprise in the first instance of a national body to be known as Comhairle na nOspidéal, which will have overriding responsibilities for co-ordinating the hospital and community services throughout the State. The three other bodies are to be known as regional hospital boards to be based on the university centres in Dublin, Cork and Galway.

It should be remembered that these four bodies—the national body and the three regional hospital boards—will be in addition to the eight regional health boards already established and now in operation for about 15 or 17 months. We, therefore, have a situation where under the proposals contained in the Health Act of 1970, we will have a three-tier system of administration for hospital and community services throughout the State. This service will operate under the Minister's own Department and with the Minister in final control of policy and, indeed, of the operation of the various boards.

It might be helpful if at this juncture we would cast our minds back a little to the development of the administration of health and community services over past years. I am long enough a member of a local authority, as other Senators are, to recall the days in which the local authorities, the city councils and county councils were responsible for health services within their areas. I remember that in Limerick city and county we had one chief medical officer for the two areas. He had his assistant who was responsible for the TB services in both areas.

We have advanced considerably since then, not alone in the Limerick area, but also in all areas throughout the State. It is right that we should be critical of some developments in regard to the health services, but we should also pay tribute to the successive Ministers for Health and to the local authorities for the developments that have taken place. These have taken place, not always with the cooperation of existing vested interests in the fields of health and social welfare. I had some experience of that myself in a sector of the health services, so I speak with some experience.

The next major step taken was the development of joint health authorities in certain areas, but not in all. Limerick city and county were joined together in a Limerick Health Authority which functioned for almost 11 years, up to the time of the recent legislation introducing the health boards. The Minister would be the first to admit that the Limerick Joint Health Authority gave splendid and efficient service for more than a decade.

The service was so good and the public representatives of the two areas, which were not always in complete harmony, worked so well together and gave such an efficient service that many of us took the view that it was a retrograde step to break up the Limerick Health Authority and to establish the wider Mid-Western Health Board. That feeling still persists to a degree, but the general opinion is that the new health board should be given an opportunity to function to see if they can provide the services for which they are responsible.

There was, of course, a vast difference between the composition of the Limerick Joint Health Authority and other joint health authorities in the country and the present eight regional health boards. The most significant point was that almost half the members of the new health boards are now composed of non-elected representatives. They represent the various sectors of the medical profession, psychiatry, nursing, social welfare and other interests.

The Minister, during the course of his tour around the country consulting with representatives of the councils which would compose the various health boards, accepted what was, for us anyway, an important concession. He agreed that the forthcoming Bill would provide for a majority of the members of the health boards to be elected public representatives; secondly, that the health boards would have the right to elect their own chairman and vice-chairman. It may appear to some of the Senators here, who are not members of local authorities, county councils, city councils, or other local councils, that it was not a very important concession, but to those of us who are members of local authorities it was an important concession and one which we appreciated having secured from the Minister.

While some of us may still have misgivings about the composition of the new regional health boards, we feel that in fairness to all concerned they should be given a reasonable opportunity to function effectively in the interest of the patient. The comment I have made—"in the interest of the patient"—should form the basis of any type of organisational structure which the Minister or his advisers may decide on as best for the country. The fact that we are dealing with larger boards as compared with the smaller joint health authority or single health authority boards of the past to a certain extent divorces the elected representative from the people whom he wishes to serve in his area. These boards are by their very nature more technical. Professional men are represented on them. The staffs are larger. There is no longer the same sense of intimacy or contact between the public representative and the patient, or those needing medical or social care as there was in the past within the smaller unit. Maybe that is the result of the larger unit but the tendency among public representatives so far has been not to have the close contact with their constituents which they had under the smaller bodies.

So far the new health boards have tended to confine their principal impetus to adding extra staff and increasing the cost of administration. I do not share the views of those who say that, because extra staff are employed, costs must rise, or that the boards must necessarily be more expensive generally or less efficient. I am, however, concerned at the rapidly increasing staffs in all health boards, not only confined to the Mid-Western Health Board and at the enormous increase in costs which are spiralling at a frightening rate in every area; an additional burden is being placed both on the taxpayer and ratepayer. In the final analysis, it is the man in the street who must pay the bill.

I hope this organisational period may settle down shortly and that we will have our health boards adequately staffed and efficiently run at reasonable cost to both the taxpayer and the ratepayer. In regard to the costs to the ratepayer, I hope the Minister, in the coming 12 months, will be able to further relieve the ratepayer of a greater part of the charges of the national health and community services. It is quite wrong, in principle, that national services, such as health, education, Army or police, should be a direct charge on the local ratepayers. It is only right that local taxation should pay for purely local services, but national or regional services should be paid for on a different system. I have sufficient experience in public life to appreciate the fact that all these desirable changes cannot be accomplished by the wave of a magic wand, or by any Minister of Finance, or of Health. If one accepts this principle and agrees to work towards it, then a better system, in which the burden is more equitably distributed, can ultimately be found.

One essential requisite must be retained if the new health boards are to be successful and carry out effectively the duties assigned to them. They must be run economically, subject to an overall co-ordinating and policy-making national body. This national body will function under the control of the Minister for Health and his Department. I will develop this point clearly at a later stage. The best organisation would consist of eight regional health boards with adequate autonomy, finance and staff, all working in harmony to provide the best possible services for the people living within their designated areas.

The only other body which I consider necessary is some form of national body which would co-ordinate the activities of the eight regional hospital boards and which would be responsible to the Minister for overall policy. There is no possible argument in favour of the introduction, between the national body and the eight regional health boards, of the proposed three regional boards. They will only serve the purpose, which the Minister does not wish, of overlapping, increasing costs and causing friction between the three hospital boards and the eight regional health boards. This is inevitable, from the point of view of the functions of the proposed three hospital boards.

I should like to quote article 8 of the draft of Health (Hospital Bodies) Regulations, 1972, which was circulated to all Senators and Deputies.

The functions of a regional hospital board shall be:

(a) to consider and keep under review the general organisation and development of in-patient and outpatient services in the hospitals administered by health boards or by other bodies in its functional area which are engaged in the provision of services under the Act, with a view to promoting the organisation and development of these services in an efficient and satisfactory manner.

I would regard that as, almost word for word, the responsibility of the regional health boards. The regulations continue:

(b) to make such recommendations as it thinks fit arising from the consideration and review under paragraph (a) to the Minister, to a health board or to any other body concerned,

(c) to consider any proposal of a health board or other body referred to in paragraph (a) for—(i) a change in the use of a hospital maintained by it, (ii) an extension of a hospital, or (iii) the discontinuance of such hospital,

(d) to advise the Minister on hospital policy in so far as it affects the functional area of the board...

(e) to make appropriate representations to Comhairle na nOspidéal on the matters referred to at section 41 (1) (b) (i) of the Act.

(f) to advise hospital authorities in its area,

(g) to govern the numbers and types of officers in employment other than those referred to in section 41 (1) (b) (i) of the Act in such hospitals and, except in so far as the Minister has the function, the remuneration of such officers,

Subsection 8 (1) (i) reads:

to allocate to hospital projects (including projects for equipment) in its area the public capital funds made available by the Minister...

(j) to control the expenditure of capital funds allocated by it under paragraph (i)...

(1) to organise advisory services on management for hospitals.

Maybe I am reading more into this than should be read into it but perhaps the Minister can reassure myself and others who think on the same lines that there is no possibility of a clash between the regional hospital boards and the regional health boards. As I see it, there is a very distinct danger that what is going to happen is the very thing the Minister is desirous of avoiding, that is, an overlapping of functions and authority and an overlapping and an increase in costs. I believe this is inevitable under the three-tier system.

I do not know if this idea was sold to the Minister by some foreign consultants, of which we have had quite a plethora in this country employed by various Ministers of State, or whether it is that we have some power-conscious backroom gentlemen in his Department who see in this an opportunity of giving apparent devolution of control to the hospital boards but, at the same time, ensuring that overall control remains in the Minister's Department. One cannot have it both ways. If we want regional hospital boards to operate effectively and to operate in the interests of all concerned, with goodwill among the elected members, medical and otherwise, we have to give them a degree of authority. We have to encourage their enthusiasm to work for the good of the people in their area.

The people of which those boards are composed, whether they be public or professional representatives, do this work without remuneration. This is unpaid work and they give their time in the interests of this social and medical work. They may be paid in their individual professions but they give that time out of their professional or business occupations in the interests of the people who live in their area. To encourage the right type of individual to take part in that service we must give them the feeling that they have not only the responsibility but the autonomy and the power to do what they think best.

That is the reason why I am absolutely opposed to the injection of these three hospital boards into the system. I think they are completely unnecessary. I note from the Minister's speech that it is proposed to transfer some of the responsibilities of the Hospitals Commission to the regional hospital boards, but I think that could have been transferred to the national body, Comhairle na nOspidéal, which seems to me a much more appropriate body to take over these functions.

Furthermore, I see a distinct danger of a clash of interests between the two bodies notwithstanding the fact that there will be representatives from the regional health boards on the regional hospital boards. Let us take the case of the Mid-Western Health Board, of which I am a member. That board caters for a population of approximately 260,000 or 270,000 people and it will have four representatives out of 16 on the Cork Regional Hospital Board. Half the members of that board will be appointed by the Minister. In other words, public representatives will comprise half the board and the other half will be nominated by the Minister.

The Minister, in his consideration of his nominations, will undoubtedly— and I think, from his point of view, quite rightly—ensure that medical and professional interests are adequately represented. But he has gone on to make a change and has decided that he will appoint the chairman and vice-chairmen of the regional hospital boards. He has departed in two instances from the policy which he agreed to with regard to the regional health boards. He says that there will not be a majority of elected public representatives unless he himself puts them on the boards—certainly they will not have the right to be elected on the regional health boards—and he has also taken away from them the right to elect their own chairman and vice-chairmen. In fact, as I see it—and I hope that I am not being a Jeremiah in this regard—you are imposing on the eight regional health boards three regional hospital boards to which the Minister will have the right to appoint half the membership and will also have the right to appoint the chairman and vice-chairmen.

Perhaps I should help Senators by pointing out that provisions for the regional hospital boards and Comhairle na nOspidéal appear in the Health Act, which was fully debated in this House, to allow the Minister to appoint the Chairmen of the regional hospital boards. I merely mention that because a great deal of the argument in relation to these boards was gone over during the passage of the Health Act. At that time I gave a fairly full description of their function and I made it clear —this is contained in the Health Act— that the chairmen of the regional hospital boards would be appointed by the Minister. This is not something new. There was a very wide discussion on the Committee Stage of the Health Act on the substance, in general, of these regulations.

I accept what the Minister has said. He is only confirming, of course what I have said myself; but the Seanad did not have an opportunity, as far as I am aware, of discussing the health regulations until now. In any event, there is an important factor which the Minister has overlooked. Since the Health Act, 1970, was discussed, with all its implications, and since the Minister made his countrywide tour, we have had experience of the regional health boards for 12 or 15 months. It is arising out of this experience that public representatives of all parties in every health board throughout the country have expressed concern at the Minister's action in bringing into operation these health bodies regulations. I fully appreciate what the Minister has said, that the matter has been discussed, possibly from his point of view ad nauseam, in the Dáil and elsewhere. But the fact remains that we are now speaking with the experience of about 12, 15 or 18 months during which time the regional health boards have been in operation. In the light of that experience I think we are entitled to have another look at the situation and, to be critical, if necessary, but in a constructive sense. I have a good deal of experience behind me, having been a member of different health boards.

Inevitably, if these regulations are brought into effect, it will mean a drastic change in the status of the Mid-Western Health Board. As the Minister knows, we have a unique situation in the Limerick regional area. We are the only area in the country that has two regional hospitals; we are one of only two areas that have regional hospitals; the other one being Galway: We have a regional general hospital and a regional maternity hospital. Under the famous FitzGerald Plan it is proposed to downgrade the Limerick Regional Hospital—we are one of the first in the country—to the status of a local regional hospital. That is a retrograde step and one that is resented very, very strongly by everybody in the Limerick-Clare-North Tipperary region. It is completely wrong and it should not happen.

You must, of necessity, base the three regional hospital boards on Dublin, Cork and Galway and if there are going to be regional hospital boards, although I am opposed to it, then a strong case can be made for having a fourth regional hospital board based on the Limerick region. That is a matter that the Minister should consider very, very seriously because there is strong resentment at the proposals contained in the FitzGerald Report to downgrade the Limerick regional hospital. According to that report, it is suggested that regional hospitals should serve populations of around 120,000 and should have at least 300 hospital beds. The Limerick regional hospital has beds in excess of that number. The population it is serving at present is about 270,000. If the prognostications of the various consultants—Lichfield, Buchanan, et cetera—are correct, over the next ten, 15 or 20 years the population of that region will have increased by 80,000 or 90,000.

The Senator need not pursue that matter because I have already told everybody that we are not downgrading Limerick hospital. It will be called a regional hospital and there are plans now being matured for great expansion in the facilities there. The Senator can, therefore, be assured that we are not following that suggestion in the FitzGerald Report. That is a ministerial decision and he does not need to worry about that.

We are not going to have a regional hospital board in the area?

No. We are trying to work out a series of priorities for various improvements in the Limerick regional hospital, of which the Senator must be aware. This is in view of the expansion of population, as indicated by the Senator.

I am glad to get the Minister's assurance on that. However I still want to reiterate my conviction, a conviction shared by many people in the area. If this proposed organisation of three regional hospital boards is going ahead, a fourth should be organised and established in the Limerick region.

One of the reasons that prompts me to speak in such strong terms about this is the fact that many people, including public representatives, fear that the health services of this country may be locked in in a huge bureaucratic structure, in which the voluntary workers, the public representatives and those who wish to offer their services to the community will literally be lost in a sea of regulations and red tape. I know that the Minister wants to avoid this. He made it very clear and used an interesting phrase in talking about the need to avoid Parkinsonian development. I think he is going about it in the wrong way: he is going the very way of creating this structure in which everything will be tied up in an enormous bureaucratic machine, with final control resting in his own Department. I think that the Minister would agree with me, and it is a view that is expressed by others in this House, that what we want to look to nowadays is more participation by the man in the street in alleviating the needs and in solving the problems in his own community. The more you enlarge the structure and the more bureaucratic it becomes, the less human it becomes. Any public representative who serves on an urban council or on a county council would know that.

I know that this has been gone over again and again, but I want to emphasise it and did not have an opportunity of speaking on it before in this House. I know the measure has been enacted, but Acts have been changed and have been amended: hardly a year passes that we do not have amendments to many Acts in the light of changing circumstances. Therefore, I ask the Minister to have another look at this three-tier structure one leg of which, to my mind, is completely and absolutely unnecessary and will lead to friction and overlapping and to the very thing that he wants to avoid. I think that it will cause great increase in cost and overlapping in services. In that regard, I am sure the Minister is armed with resolutions passed unanimously by all the regional health boards asking the Minister to defer bringing into effect the establishment of the regional hospital boards.

Three out of eight.

Three out of eight is a significant number.

It certainly is not all——

The others may not take any action in the matter but the three out of eight could be the biggest three or the smallest three. They certainly represent a substantial proportion of the people who are interested in this development. Public men are not doing that just to annoy the Minister or to get under his skin. They are doing it because they generally dread the idea of these regional hospital boards being imposed on the health boards. What they are asking is that the Minister defer this for a period of, say, five years to give the regional health boards an opportunity of developing and consolidating their services.

With many public representatives of all parties I feel strongly about this. I appeal that that section of the draft regulation be withdrawn and not brought into effect. It is not going to do any good and in the final analysis it is not going to benefit the patient.

I welcome the opening remarks of the Minister about these regulations. As he has said, all these matters were discussed fully when the Bill was going through the Houses of the Oireachtas. The Bill is now an Act. We should accept that and encourage the Minister to implement the provisions of this Act in the same enlightened way as he has proceeded to deal with the area health boards in the past.

Having said that, I accept that there has been suggestions and strong representations from certain quarters as Senator Russell has mentioned at some length, that there may be overlapping between these regional health boards, on the one hand, with Comhairle na nOspidéal, and, on the other hand, with the bodies that are responsible for running the individual hospital and that their relationship with the area health boards does not seem to be clear. There have been fears especially among those people who are responsible for running individual hospitals throughout the country that their functions will almost disappear in the operation of these various bodies. On the one hand, the selection of consultants will be taken away from them and placed in the hands of Comhairle na nOspidéal. On the other hand, in section 8, subsection (1) (g) to (k) the regional health boards will be responsible for determining numbers and establishments in various other sections of these hospitals.

There appears to be a diminishing amount of responsibility for those who have given a lot of time and a great deal of enthusiasm to the running of these hospitals in the past. There is some fear that, with this diminution of responsibility, interest may flag and that we will lose a valuable aspect of support for our health services in that regard. I am not terribly worried about this, but I see the danger of it. I hope that the Minister will, with his genius for securing good public relations, keep this in mind and, in the same way as he tried to prepare the ground for the area health boards some time ago, that he and the members of his Department will do a similar job in relation to the regional health boards when they come into effect, and Comhairle na nOspidéal, and will try to reconcile these various other interests with the operation of the new system.

In dealing with these new boards submitted under these regulations we are fortunate in having had the experience of the way in which the health boards have operated since they were set up. There is general satisfaction with the way they have been operated and it is generally agreed that their setting up was an important step forward in the health services. This was largely due to the trouble the Minister and the members of his Department took in preparing the ground beforehand, as I have just mentioned.

As far as these regulations are concerned the Minister has gone to considerable trouble to obtain from various bodies their views as to how these regulations might work. In Trinity College and the teaching hospitals associated with it we were encouraged to submit our views. We submitted these views and raised certain questions. All these were dealt with fully and courteously by the Minister and members of his Department. As a result of that we are now in a much less apprehensive mood about the operation of these regulations than we might have been if we had not been treated in this courteous manner.

In this connection I would like to make two points. These may have been made to the Minister already, but I would like to make them again for this House because many people do not appreciate the difficulty in arrangements between hospitals and the teaching bodies that use them for clinical teaching. I have the teaching hospitals especially in mind. I do not need to apologise for stressing my interest in these institutions, because I believe that they are a very important part of our health services. They have a high percentage of the total range of specialities available in this country and they are concentrated in these teaching hospitals. They are essential for the medical schools. Without them we could not have medical schools. In a very special way our health services depend on these teaching hospitals for the level at which they function.

In relation to them the first body one considers is the Comhairle na nOspidéal. It has been set up to deal with a situation which had become almost intolerable in this country, arising out of the uncontrolled duplication of specialities within various hospitals in different parts of the country. This was producing a situation of chaos, a situation in which there was enormous expense involved, a situation in which progress has become extremely difficult. We must therefore agree that the setting up of this national body is an enlightened move and one that we hope will reduce this chaotic situation to some sort of order. There are just three points I would like to make in relation to it. There is not much to be done about them because a great deal of this ground has already been covered in the Act, but they still have to be set up and they still have to receive their briefing and detailed terms of reference from the Minister. At that point a good deal could be done to meet some of these points.

There has been exception taken to the composition of Comhairle na nOspidéal in that it has been said that it contains too high a proportion of people who are medical practitioners. It has been suggested that there is a possibility, even a fear, that these people might so organise their decisions that they would be for the benefit of doctors especially and possibly for getting more jobs for doctors while these are not really necessary. I have said before in this House that I deplore this view. I deplore the mentality that suggests—and I do get evidence of this in various quarters from time to time—that sensible reliable men and women somehow become irresponsible and untrustworthy just by reason of their holding a medical qualification.

One of the best reports on hospitals in this country was produced by a council composed exclusively of doctors, the FitzGerald Report. I do not agree with everything which was suggested in that report and some of the recommendations have not been accepted in toto by the Minister, but in general that report was a serious attempt to rationalise the very untidy hospital system we have here. They did not recommend an expansion of hospital costs with more jobs for doctors. They recommended a rationalisation and in many ways a contraction in the number of hospital posts for medically qualified people. Their recommendations have met with opposition but, by and large, this opposition did not come from doctors. There were a few doctors whose particular interests were concerned who did object very forcibly; but, in general, the opposition came from the very people who now suggest that doctors are making jobs for themselves.

The people best qualified to judge and decide the need for specialists are those who are directly engaged in this work. We are fortunate to have in our hospitals many of these people who have an international respect and reputation in their own professions. Their primary duty is to rationalise the distribution of specialists and to increase their efficiency. They are not to be involved in administering the specialists' areas. It is not a question of administrative responsibility or expertise. They are the people best qualified to judge where the specialists are needed, what kind of specialists are needed in different places and the numbers and so on.

In determining the distribution of these specialties the comhairle should consult with the medical schools. I say that for two reasons. First of all, the medical schools depend on the specialists in the hospitals for their teaching facilities and capacities. If it were not for these specialists the medical schools could not teach either at undergraduate or postgraduate level. On the other hand, these specialists depend on the medical school departments and particularly on their science departments for the support they need to develop their specialties. This is a reciprocal kind of relationship and it is absolutely essential to preserve it.

The Minister may point out, and probably will, that medical schools can be given opportunities of making representations to Comhairle na nOspidéal when this body is appointed and in course of its operations on any matter that may seem of importance from these points of view to the school concerned. If they did make these representations, I am sure they would be treated very courteously. I would be happier if there were some provisions for a more formal type of regular consultation between Comhairle na nOspidéal and the medical schools or the universities that run these schools. I have in mind something such as was provided for in the case of the Higher Education Authority and its relation with the universities on a broader basis. In the area of clinical training, whether undergraduate or postgraduate, Comhairle na nOspidéal will have an influence which is hardly less important than that of the Higher Education Authority in the wider field. The Minister may not have been able to include references to this matter in the regulations, but I would hope that when it comes to giving the comhairle more detailed guidelines about the way in which it should operate, this might be stressed by him.

The last matter to which I should like to refer relating to Comhairle na nOspidéal is the method of selecting candidates for appointment. As the Minister has indicated, the precise manner in which these selection boards will operate will not be determined until after the comhairle has been set up and after there has been consultation with various bodies.

Then it will put forward regulations.

There will be further regulations.

To come before the Seanad and the Dáil.

Yes, I understand that. In this regard I should like to make one or two points which might be noted at this stage. Strong exception has been taken in some quarters to the fact that the draft regulations allow hospitals some say in regard to the appointment to consulting vacancies. There have been references to practices in voluntary hospitals which were apparently not regarded as entirely satisfactory in the making of appointments to their staffs.

I should like to refer particularly to the way in which appointments are made in certain voluntary hospitals in Dublin. We have here nine voluntary general hospitals, four voluntary children's hospitals and three voluntary maternity hospitals, that is, 16 altogether. I am privileged to be involved directly in appointments in eight of these 16 hospitals and I can say absolutely positively that it is the policy of these institutions to advertise vacancies, to obtain the help of extern assessors to assess the applicants and to appoint the best candidate as far as is humanly possible.

From this point of view these hospitals have no objection to the regulations now before us. They will not make any fundamental change in the manner in which these hospitals are staffed. We would like the Minister to consider two points which are of some importance. The first is the need for speed in making these appointments. A hospital vacancy must be filled as soon as possible and some of the procedures formerly followed by the local appointments arrangements were unacceptably slow. The other point is the need to recognise that doctors in a hospital must work as a team. The patient's welfare often requires close continuing co-operation of two or more doctors and this can only work smoothly if they are mutually compatible. They do not have to be bosom pals but they should be on normal good terms with each other. Because of this the members of a hospital should have a chance of assessing the qualities of prospective colleagues in the process of their selection. The existing regulations to some extent meet this point but the most adequate safeguard of the position and in my view the only satisfactory safeguard is for the hospital concerned to have a direct voice in the selection of candidates.

That comes later. It does not arise on these regulations.

I know. I may be anticipating. I have stated my case and I hope my words will have an effect in the future. In the case of the teaching hospitals, I briefly make the plea that the medical schools should also be thought of. Many of these staffs are reciprocally responsible for service, on the one hand, and teaching, on the other. We all have an interest on the level at which our teaching hospitals operate from the service point of view. In the past, in setting up machinery for selecting candidates it was the policy to avoid any interested party concerned in the selection of these candidates. In the distant past this may have had some reason. But I would hope we would have now outgrown the need for such safeguards. We should as a nation have grown up sufficiently and become mature enough to realise that we can only make the best progress if we appoint the best men for our posts and that even colleagues can be trusted to act on that principle.

I would make the same plea to the Minister regarding the construction of the regional hospital boards as I made in relation to Comhairle na nOspidéal. Half the members of each board would be appointed by the health boards of the region and the other half by the Minister. You might assume that the health boards would include adequate representation from the teaching hospitals in their area, but it would be dangerous to rely on this. The Minister has told us in his Second Reading speech on the Bill that more than 75 per cent of the total health expenditure is for services in hospitals and about 44 per cent of all general beds are in voluntary hospitals. That means that voluntary hospitals are responsible for about 40 per cent of the total expenditure on health services.

In the eastern region 66 per cent of hospital beds, excluding mental hospital beds, are in teaching hospitals. It follows that these hospitals, therefore, are responsible for a substantial percentage of the cost of the health services. I would suggest that is probably 40 to 50 per cent of the cost of these services in the whole area which will be under the control of the Eastern Regional Health Board. Of the 126 members of the area health boards that are concerned in the Eastern Regional Hospital Board only six are associated with general teaching hospitals. Even taking it on a random basis this would not allow for even one teaching hospital member amongst the 16 health board representatives on the Eastern Regional Hospital Board. I mention this because the Minister has told us that he will make his nominations as soon as he has received those from the area health boards. If, as I anticipate, he finds that there is only a very small number, and perhaps in some cases none at all, of the representatives of the teaching hospitals, will he then include amongst his nominations a sufficient number to make their position fairly secure?

I thank the Minister. Again I come to the position of the medical schools. Comhairle na nOspidéal will have, by its operation in the appointments of the specialists, affected the quality of the teaching hospitals very considerably. But the regional hospital boards have to be consulted on all questions of development of teaching hospitals as of any other hospitals. They control capital expenditure. They have responsibilities under these regulations for members of staff who are not under the control of Comhairle na nOspidéal. They will, therefore, have an important influence on the character of the hospital and on its teaching capacity. This will affect the medical school and the efficiency of its teaching arrangements very drastically. I would hope that the Minister will remember this also when he is making his appointment to the regional hospital boards.

I am very glad to hear from the Minister that the Limerick Regional Hospital will not be graded down, in name at least. The thought of it being graded down caused a certain amount of unrest in the area. Before we think in terms of extension of boards should we not glance back at how the regional health boards are operating? Is there any doubt in our minds as to how costly they will be? Has the Minister made any effort to ascertain how we can gain the best service from those boards? I am not a member of the health boards, but there is grave unrest at the moment amongst the members of the boards because they fear higher costs and less service. Sometimes a wrong impression is given if a public representative argues for stronger representation by public representatives on boards. But it is easy to understand why we are anxious to have, if possible, a majority of public representatives on boards, because when the rate is being struck the finger at all times points to the public representative. The health services are going to become a grave burden on the nation. Everybody realises that the health services are a priority and should be treated as such. The taxpayer wants the best service for the minimum expenditure. I disagree with the extension of the hospital boards. I have no doubt that the Minister sincerely means what he says.

It is difficult, however, for the ordinary member to see what advantage those boards will offer. What service will they render that could not be rendered by the existing health boards? There should be some consultation with members of the existing health boards, and the CEOs of the regions should be included in those discussions. There is no great demand from any member of the existing health boards for the extension of the hospital boards. In view of the alarming expenses facing the people in regard to those boards, the Minister should be slow to act.

Next February many of the people sitting here will sit at council meetings where estimates are read out. I would not have the same anxiety and fear of increased costs if I could believe that the Minister and his Department would enlarge their contributions to meet this increase. I sincerely hope the day will come when the Minister and his Department will make some contribution.

That does not arise.

The additional board will increase taxation. That is something that is relevant. At this stage I would appeal to the Minister to reconsider this before he makes his decision.

As Senator Willie O'Brien has said, we should examine the results we have got from health boards since their establishment. Some of us in this House are blessed with a fair share of worldly goods so that we are able to put our hand in our pockets and pay our way. Some of us are probably covered by Voluntary Health Insurance if illness knocks on our door. There are also the weaker and poorer sections of our community. I wonder if the health boards have done anything to improve the services. It is quite usual nowadays to see a queue of people waiting outside a clinic. It does not matter what type of specialist service he or she is getting, whether it is calling to see their general practitioner or not. I often think to myself that these people are not getting the service to which they are justly entitled. I do not believe that they got it prior to the establishment of the health boards.

There should be some machinery in the Department of Health to have this matter examined and checked periodically. We all can close our eyes occasionally, but we can hear mumbles from these people that they are not being treated as they should be because they are holders of medical cards.

One could go very far on this. I do not want to involve myself in a rumpus with the medical profession about it, but I certainly think that there should be some machinery to deal with this. The Minister or an official of his Department might say to me: "If you have a complaint give it to us and we will investigate it." There are a number of people who are rather silent about these complaints.

As some Senator pointed out, we established the health boards approximately one year and a half ago. Comhairle na nOspidéal or the other boards should have had a longer trial period—say five years—to see the results. I appreciate that one of the Minister's main points for establishing the new boards is to get co-operation between the voluntary hospitals and the health board hospitals. Cooperation might be forthcoming with the regional health boards.

One cannot help thinking that there is going to be a general switch as far as hospitalisation is concerned and that part of the FitzGerald Report is going to be accepted. My interest in it would be in relation to Roscommon County Hospital. That report clearly indicated that that hospital might be downgraded. I feel obliged that not alone I, but the people of that county would take a very poor view of any board that would even suggest the downgrading of this hospital. I suppose there are many good things in the FitzGerald Report, but there are things we all cannot agree with.

The establishment of these new boards seem to show a tendency towards lowering the importance of the public representative. We have the health consultative boards for local authority. We have the regional health boards. Now we have the regional hospital boards. If you examine the composition of these bodies, you see right along the line that the number of public representatives is dwindling and we could then find ourselves in a position that the people on these boards might feel that their responsibility was to their various organisations.

I am not suggesting for one minute that the medical profession up and down the country generally have not given a fair service, but if people who are appointed to these boards are thinking of the organisations which they represent, then the holder of the medical card will have no place to go if he is not in a position to contact a public representative.

I should like to refer to one point concerned with these regulations which has caused some concern and the Minister referred to it in his address yesterday, that is the appointment and employment of consultants in voluntary hospitals. The FitzGerald Report section 4 (13) states that

all new consultative appointments should be advertised and should be subject to open competition.

Under section 8 (1) (k) and section 8 (4) of the regulations we are discussing, the appointment of consultants to voluntary hospitals is subject to the approval of the hospital concerned. If I were asked to approve a system of appointment to the department of mathematics in which I work without some consultation with the mathematics department involved, without taking the special conditions of that particular mathematics department into consideration, I would not agree to do so.

It appears to me and to other people that a situation which has obtained in medical circles in Ireland could be perpetuated by these two subsections of the regulations we are discussing. That situation involves the idea that there are two types of medicine in this country and that these two types divide according to our two main religions. This is a particularly important point and I should like the Minister to definitely nail the idea, put out at times by various churchmen, that there are two distinct types of medicine being practised in this country—Catholic and Protestant—and that Protestant doctors are not going to be appointed to Catholic hospitals and vice versa. It is very important that this idea should be nailed once and for all, because it is one of the blemishes on our system which has existed to the present day. We must reach the stage where the best man will be appointed to the job irrespective of his relgion.

I honestly do not follow this line of argument. If the Senator is suggestng that Comhairle na nOspidéal, when it withholds or grants sanction for the appointment of a consultant, will specify the religion of the consultant, he is deliberately undertaking propaganda of a most undesirable and unscrupulous kind. I do not know to what he is referring. It is a scandalous suggestion. The only power Comharle na nOspidéal has is to withhold or grant sanction. Does the Senator really suggest that, in 1972, Comhairle na nOspidéal would say, "Yes, we will appoint a specialist surgeon for Ardkeen Hospital but he must be a Catholic"?

Yes. I am trying to suggest that the problem is with the control of the voluntary hospital organisers. I realise that in certain hospitals there are various conditions obtaining which mean that some people will be suitable for a specific job and others will not. This is the same as in any walk of life. I tried to illustrate this point by referring to the department of mathematics in which I work. Obviously, certain people with certain qualifications will be needed for a particular job and other people will not. But I want to nail the idea that the voluntary hospitals will be prohibiting appointments because of any religious qualification or lack of religious qualification. I am not trying to spread any insidious propaganda. We must be clear on this point; what I am worried about is that voluntary hospitals, whether they are Protestant or Catholic-controlled hospitals, may stop the appointment of the best candidate in certain circumstances on religious grounds. That is the point I wish to make. There is nothing insidious in it. It is quite straightforward. It is something we must face in this country.

Would the Senator say why he suggests this now?

Comhairle na nOspidéal has not got the power of selection in this regulation.

To answer the Leader of the House, there are hospitals in this city which are basically controlled by religious orders. I would be the last person to denigrate the work done by religious orders in hospitals and schools in this country; but we need to be clear that in the case of appointments to these hospitals, the best person should be appointed to the post, irrespective of his religion.

Is the Senator saying that that has not been the case?

Comhairle na nOspidéal has not got selection procedures in these regulations. Are we always going to discuss something that is not contained in what is before the House? I am bringing to the House later, I hope next February, the selection procedure. The Senator can then raise this matter in a much bigger way if he thinks that the selection procedure of Comhairle na nOspidéal could result in a person being refused sanction because of his religion. He will have a real opportunity of going to town over it if he wishes. It does not arise on these regulations.

Please be prepared to name names when you raise this matter; call a spade a spade and let us hear the names of these sinister hospitals.

Of course, I will. There are hospitals on both sides of the religious divide——

In so far as I understand it, paragraph 413 of the FitzGerald Report does not tie in with 8 (i) (k) and 8 (iv) of the regulations before us. That is the point I wished to make to the Minister.

I should like very briefly to support Senator West in the point he is making on the appointments to the hospitals and the fact that the present regulations seem to move away from the recommendation of the FitzGerald Report that there be an uniform employment agency, that there would be a common pool of consultants. The Minister, at one stage, accepted this principle of a common pool of consultants, as was evident from the explanatory memorandum passed round at the time of the Health Bill, when he said that the appointment of consultants for regional hospital boards and the uniformity of appointment would permit of flexible use of the services of specialists in both health board and voluntary hospitals within a region.

He continued:

Full development of this concept would result in a common corps of consultants in each region with vacancies in due course being filled through a common selection process. This corps would be available to the various hospitals in accordance with the arrangement of the regional hospital board.

The Minister is being slightly difficult in saying that this regulation does not deal with the selection procedure. The point which Senator West was making—and with which I agree—is that the effect of paragraph 8 (i) (k) and 8 (iv) is that:

A regional hospital board shall exercise its functions under sub-article (1) (k) of this article only with the consent of the body or bodies responsible for the administration of the hospital or hospitals concerned and shall exercise such functions, in accordance with such general requirements, as may be determined by the Minister.

The effects of this is that the voluntary hospitals need not accept the person selected under the process of selection and can appoint somebody outside this selection procedure. The distinction is continued and perpetrated as between consultants to voluntary hospitals and others. The Minister must know—from his very commendable involvement in the health service and his extensive knowledge of the medical profession in Ireland—the meaning of this distinction: the fact that many people in the medical profession regard voluntary hospital consultants as better than others.

Apart from the religious problems which Senator West was indicating there are also snob problems involved. I had welcomed specifically, at the time of the Health Bill, the fact that we were getting away from this situation, that we were moving towards what I would regard as an essential aspect of the whole health scheme—a common pool of consultants. I am very sorry indeed to see that there is an apparent change, perhaps a bowing to a very strong influence from some quarters, in not carrying through the idea of a common pool of consultants contained in the regulations. Therefore I should like to support this point and to express a great disappointment at the way in which the statements in that explanatory memorandum and the recommendations of the FitzGerald Report have not been implemented in this regulation.

I want to thank the Members of the House for the way in which they have discussed this motion, on the whole, on a very constructive basis. I wish to answer a few points.

Senator Jessop suggested that the teaching bodies should be consulted when Comhairle na nOspidéal decides to withhold or grant sanction for the appointment of a consultant in a hospital. This provided for in the Health Act, that Comhairle na nOspidéal must consult the teaching hospitals when an appointment is involved in which the teaching hospital would have an interest.

Senator Russell suggested that the functions of the Hospital Commission, in relation to the control of staff, could possibly be transferred to Comhairle na nOspidéal. It would be inappropriate for a body with a majority of consultants to have all these functions; in other words not only the withholding and granting of sanction for the appointment of consultants, but also the governing of staff levels and the examination of estimates. The regional hospital boards are more suitably constituted for this purpose because they have representatives at staff levels in the examination of estimates. The regional hospital boards, I think, are more suitably constituted for this purpose because they have representatives of health boards on them and they also have consultants, none of whom would be members of Comhairle na nOspidéal, who will be able to look at the question of staff levels and estimates in an objective way, not having had to make decisions, particularly in regard to consultants, on the granting or withholding of sanctions.

Senator Reynolds seemed to imply that the medical confraternity could have selfish instincts in relation to their participation on these boards. I have asked a good number of representatives of local authorities on the health boards whether the medical fraternity are ganging-up and exhibiting selfish attitudes demonstrating their personal selfish interests in the work of the health boards. I have obtained no evidence to suggest that they are not acting with the representatives of the county councils. Indeed, as far as I can ascertain, frequently, if there are differences of opinion, there are usually the professional community and some county council members on one side and the professional community and some county council members on the other side. I do not know of a single case where it would appear that vested interests were ganging-up to secure some selfish objective for themselves. I foresaw that this would not happen when I spoke on the Health Bill and said that I believed nothing of that kind would occur. That does not mean, of course, that there are not people with selfish instincts in all parliaments and on all boards because none of us are perfect.

I imagine that the Members of this House who have discussed this matter on the occasion of the Health Act will not want me to go into very great detail as to why we are forming these regional hospital boards, so I will content myself with reminding the House that, at the moment, the financing, both revenue and capital, of the voluntary hospitals and the staffing of the voluntary hospitals is controlled by my Department or by the Commission. We pay deficits, and capitation grants are provided for the regional health boards but we need some institutions or some bodies who can examine the whole position of the relationship between the voluntary hospitals and the health board hospitals over the next ten years. We have a vast corpus of information emerging from the Medical Social Research Board which, in respect of every major hospital in the country, has recorded the patient load, the malady from which the patients suffer, the number of days they were in the hospital, the number of days they were under observation before treatment was accorded to them and the total number of days they spent in the hospital.

This information will enable us to examine how best to use our voluntary hospital and health board hospital beds, and where the specialisation should occur. It will enable us to work in the future in planning for the inevitable and more extended specialisation that is now occurring and that is bound to happen in the future. It is quite impossible for health boards to undertake this work partly because the hospital services provided go beyond the area of a health board and partly because there is the relationship with the voluntary hospital, both in Dublin and in the country, and health board hospitals that can only be determined by bodies that are representative of the interests such as are proposed in these regulations.

I should like to have placed on the record of the Seanad what I said in the Dáil yesterday. We have already heard that about 44 per cent of the acute-care beds in this country are provided by voluntary hospitals. That figure varies from area to area. In the Eastern Health Board area 83 per cent of the beds are in voluntary hospitals; in the North-eastern Health Board area, 33 per cent; Southern Health Board area, 30 per cent; Midland Health Board area, 18 per cent; Midwestern Health Board area, 15 per cent; Western Health Board area, 13 per cent; South-eastern Health Board area, 10 per cent, and in the North-western Health Board area, 8 per cent. We then have to relate those percentages to the fact that the North-eastern Health Board send 24 per cent of their patients to Dublin; the Southern Health Board send 4 per cent, which is quite a small proportion, the Midland Health Board 25 per cent; the Mid-western Health Board 10 per cent; the Western Health Board 10 per cent; the South-eastern Health Board 25 per cent, and the North-western Health Board 22 per cent.

One of the objectives of the regional hospital boards which, as proved by the above figures, must expand beyond the health board area is to try to keep people out of Dublin, to try to see what specialisation can be developed in the regional hospitals and, wherever it is considered possible, to develop them so that regional specialisation can grow to the point where it can be ensured that a proper workload will be allotted to an extremely competent consultant and that the laboratory equipment will be available for such work.

Another statistic, which is of fundamental importance, is that 29 per cent of the patient beds in Dublin voluntary hospitals are occupied by people who come from outside the area and so there must be an in-depth examination of this whole problem. The powers of the regional hospital board to undertake research, to assist the health boards in budgeting, to undertake work study, to undertake overall planning are powers which, I think, they should have and it will mean that they will be doing part of the work of my Department. We are decentralising the work of my Department. We are asking hospital boards, composed of representatives of the health boards and others with expertise, to prepare plans for us and to examine matters on a very detailed basis.

I wish to reiterate what I said in the Dáil last night; I agree entirely with what Senator Russell has said—and other Senators have hinted at this— that if these regional hospital boards are to be successful there must be the right kind of administrative procedure, efficient paper work, planned methods of communication between the hospital boards and the health boards, between the regional hospital boards and Comhairle na nOspidéal and between the regional hospital boards and my Department. The same applies equally to Comhairle na nOspidéal. We are consulting the firm of McKinsey to ensure that there will be absolutely no duplication of effort as between the work of these boards, the work of the health boards and the work of my Department, and to ensure that there will not be a holding-up of decisions and that there will not be an excessive number of decisions made by different bodies before a final decision is made and sanctioned. I am very keen on this course of action and I think I can speak without fear of contradiction when I say that the four volumes of the McKinsey Reports on the character of the administration of health boards have been largely accepted by the health boards.

Senator Russell suggested that we might postpone this until the health boards were in operation for a longer period but I am sure Senator Russell will realise, knowing that Volume IV of the McKinsey Report which I think his health board has adopted in principle, that this simply could not come into operation until the support staff for the programme managers were appointed. This final volume proposes a method of administration by the health boards themselves which is commonsense, and which perhaps the members of the health boards themselves could think of just as easily as McKinsey. This method is that the health boards will produce every year a performance and efficiency report and a financial report of what the health board has done in the previous year. They will receive from me a statement on general national health policy and a committed volume of increase of expenditure after allowing for increases in remuneration. They will receive from the Chief Executive Officer a plan in regard to what advances should be made, capital-wise and current expenditure-wise, so that the health boards can direct the chief executive officers in the preparation of this plan.

Having had the performance report —putting it just in one word—and having had the list of possible changes that can take place, from which a selection can be made, the health board can then choose their priorities for the coming year, within the framework of the national health policy and within the limitations of whatever volume increase they have been granted. It will not be until the health boards are operating in that way that they can, so to speak, be assessed as to their final usefulness and their final success.

As Senator Russell also knows, the health boards were formed for two principal reasons: first of all, medicine has become so complex that it is essential to have the very highest level of staff, in looking after both the community services and the hospital services. There was no intention of concentration in relation to the community services. We want to decentralise many services and for that we require a level of staff with attractive promotional outlets for everybody, including social workers, the public health nurses and all the staff involved in community services. In that way, there can be expertise at the top and there can be the examination of the situation locally to bring all community services to a higher level. The other reason for the formation of the health boards was the fact that if one examined any area one found that no one county or area looked after the hospital requirements of the patients there. With the growth of specialisation it was absolutely essential to enlarge the unit of general administration of the hospital services. That was the fundamental reason for establishing the health boards. Now we have to take a further step, to see how far we can get the voluntary hospitals and the health board hospitals to cooperate, to integrate and to co-ordinate. We are already having a measure of success in cases where we did not need to have any hospital board to make a decision, as in the case of the pending co-ordination of Galway Regional Hospital and Merlyn Park Hospital and as in the case of the coming together of the federated hospitals with the Eastern Health Board on the site of St. James's Hospital. There were some decisions that could be made without using the Medical Social Research Board figures, and without the need of a specialist body, such as the regional hospital board.

Beyond those later decisions, we need advice and we need research of this kind. We also need help in planning the budget for the voluntary hospitals which, up to now, is being met purely by paying deficits and by whatever sanctions were granted by the Hospitals Commission for increase of staff and equipment. We need to have uniformity between the progress which the voluntary hospitals and the health board hospitals will make and we need the regional hospital boards to bring about that co-ordination.

Finally, I want to assure the House that there will not be gobbledegook Parkinsonian empire-building in these three boards. I think the House knows me long enough to realise that, if I happen to be Minister for Health after the hospital boards have been in operation for two or three years, and if it proves that they either have to be revised in their character or even if we have to replace them with something else, I will not hesitate to do this. To have any kind of Parkinsonian empire-building, to have a slowing-down in the effort of improving the services, to have made quite evident to the public that institutions have been created that were simply clogging the channels of development, would not be my idea. There have been a sufficient number of absolutely new developments in the health services since I became Minister to ensure that at least the Members of this House will believe me when I say that I would not tolerate this kind of development, which would be totally contrary to my ideas of what constitutes a good health and hospital administration.

Question put.
The Seanad divided: Tá, 20; Níl, 13.

  • Brennan, John J.
  • Brugha, Ruairí.
  • Cranitch, Mícheál C.
  • Crinion, Brendan.
  • Doyle, John.
  • Eachthéirn, Cáit Uí.
  • Farrell, Joseph.
  • Fitzsimons, Patrick.
  • Gallanagh, Michael.
  • Garrett, Jack.
  • Honan, Dermot P.
  • Keery, Neville.
  • Killilea, Mark.
  • McElgunn, Farrell.
  • Ó Maoláin, Tomás.
  • O'Sullivan, Terry.
  • Ryan, Eoin.
  • Ryan, Patrick W.
  • Ryan, William.
  • Walsh, Seán.

Níl

  • Desmond, Eileen.
  • Dooge, James C.I.
  • Farrelly, Denis.
  • Fitzgerald Jack.
  • Kelly, John.
  • Lyons, Michael D.
  • Mannion, John M.
  • O'Brien, William.
  • Quinlan, Patrick M.
  • Reynolds, Patrick J.
  • Robinson, Mary T. W.
  • Russell, G. E.
  • West Timothy T.
Tellers: Tá, Senators Brennan and J. Farrell; Níl, Senators W. O'Brien and Reynolds.
Question declared carried.
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