Dáil Éireann Debate, Thursday - 2 December 2004
33 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children the position regarding her discussions with the Irish Hospital Consultants Association regarding the proposed new system of medical insurance; if she will confirm the commitment she gave to the recent IHCA conference in Kilkenny that no hospital consultant would be left without cover and no patient without redress; and if she will make a statement on the matter. [31568/04]
View answerDiscussions are continuing with the Irish Hospital Consultants Association and the Irish Medical Organisation on aspects of the coverage of claims against consultants by the clinical indemnity scheme. The major concern of both organisations is that there should be no doubt as to the position of consultants facing personal injury claims arising from events which occurred prior to the inception of the scheme. The Government's position on this matter has always been clear. The clinical indemnity scheme should not have to cover claims where insurance companies or mutual indemnity bodies had accepted premiums or subscriptions to cover these claims. This position is accepted by all of the insurers and indemnity bodies with the exception of the Medical Defence Union. The MDU has written to several of its former consultant obstetrician members in Ireland threatening to leave them without assistance in dealing with personal injury claims against them. I believe that the MDU has a moral and ethical obligation to provide assistance to these members. I also believe that these decisions may be in breach of the MDU's memorandum and articles of association. Against that background the first source of indemnity should be the body which accepted payment to cover these claims. The legal advice available to us suggests that it is not appropriate at this time for this State to grant an indemnity for past liabilities of consultants in light of our firm belief that the MDU should meet its legal responsibilities. That body should be subjected to the maximum pressure, including legal pressure, to ensure that it lives up to its obligations. In the event that it continues to refuse assistance in these cases, I believe that the plaintiffs and doctors involved cannot be left in an uncertain position while the MDU is pursued to honour its obligations.
I am as interested as the IHCA in having this matter resolved to the satisfaction of all. However, I wish to have the matter addressed as part of the overall framework which deals with a number of related issues, including the negotiation of a new contract for consultants in the context of reforming the acute hospital service and advancing the health service reform agenda,
