Historic Insurance Liabilities.

Dáil Éireann Debate, Wednesday - 28 April 2004

Wednesday, 28 April 2004

Questions (156, 157)

Phil Hogan

Question:

188 Mr. Hogan asked the Minister for Health and Children if his attention has been drawn to the recent High Court decision reaffirming the discretionary powers of the medical defence organisations; the consequences of this decision for his strategy to address circumstances in which such organisations lawfully refuse to provide indemnity to current or former members; the measures he is taking to ensure that doctors and patients here are protected specifically with regard to historic liabilities; and if he will make a statement on the matter. [12298/04]

Written answers

Minister for Health and Children (Mr. Martin)

The judgment delivered in the High Court in the case referred to by the Deputy has been brought to my attention. Copies have been forwarded to the Chief State Solicitor's Office and to the Office of the Attorney General for their observations. I do not propose to speculate on any implications of the judgment until I have received advice on the matter. My Department is actively involved in discussions with the medical defence organisations in an effort to resolve the issue of historic liabilities.

Phil Hogan

Question:

189 Mr. Hogan asked the Minister for Health and Children when he expects his discussions with the MDU on historic liabilities and the clinical indemnity scheme to conclude; his views on whether the matter can be resolved by negotiation; if he has undertaken similar discussions with the MPS; and if he will make a statement on the matter. [12299/04]

Minister for Health and Children (Mr. Martin)

The issues involved in my Department's discussions with the Medical Defence Union are complex. I expect the current phase of the process, which involves an independent assessment of the MDU's Irish obstetric liabilities, to be concluded shortly. I hope to be in a position to bring proposals to Government shortly thereafter. It has always been my wish that the matter of historic liabilities should be resolved by negotiation. However, the interests of patients, consultants and taxpayers have to be taken into consideration in determining that the matter can be resolved by agreement.

In parallel with the discussions with the Medical Defence Union, officials of my Department have also been engaged in discussions with the Medical Protection Society.