I move that the Bill do now pass.
Royal Hospital for Incurables, Dublin (Charter Amendment) Bill, 1952—Fifth Stage.
Perhaps I might say that this legislation was promoted by the hospital governors because they find that the financial position of the hospital is such that, unless additional revenue is obtained, they will be unable to carry on and the hospital will be obliged to close down.
The main purpose of the Bill is to empower the governors to admit a certain number of patients who will be nominated by local authorities and for whose maintenance in the hospital the local authorities will pay at an approved rate. This involves an amendment of the hospital's charter and the making of new by-laws. The by-laws must be approved by the three judges specified in Section 3 or by any one of them. They must also be submitted to the Minister for Health with a request that he should lay them before each House of the Oireachtas.
The Bill does not restrict the governors as to the number of local authority patients whom they will accept. This number will be specified in the by-laws, but in the course of the discussions at the committee, a figure of 30 per cent. was mentioned, and the representative of the hospitalgave an assurance that such a limitation would be applied by the governors. In the light of that assurance a judge, before whom by-laws might be placed for approval, would have difficulty, I am sure, in approving them if they provided for the admission of any higher percentage of local authority patients.
It is not unlikely that experience will prove that unless a higher percentage than 30 is admitted and paid for as proposed, the revenues of the hospital would not be sufficient to enable the governors to carry on, and if they were to be limited to this percentage the whole object of the Bill would be defeated. I think, therefore, the House should place it on record that, while it would like to see the public charitable character of the hospital maintained to the maximum practicable extent, there would be no objection, if at any future date the governors find it necessary on financial grounds to admit more than 30 per cent. of local authority patients, to their doing so.
There should, of course, be no effort to force the governors to accept a greater number of local authority patients than they wish to admit, and what I am now proposing would not in any way interfere with their discretion in that respect, but I think it would be very unwise to restrict them should the financial position of the hospital require that a higher number than the 30 per cent. mentioned at the committee should be admitted.
Will the Minister say if to do what is just would require the introduction of an amending Bill?
I think not, if the Dáil approves of this. It is only that it might be brought to the attention of the judge that the Dáil approves.
In what way is the Dáil asked to approve?
By passing the Bill.
Would it be possible in certain circumstances to have the hospital restricted entirely to patients of local authorities? There is no upper limit.
No.
Am I right in assuming from what the Minister has read that there is no upper limit?
That is what I am proposing, that there should be no upper limit.
Is it not possible that they might confine the hospital activities entirely to patients of that type?
I do not think so.
I would like to know exactly what we are doing. We are passing the Bill?
The question was put to the representative of the hospital before the Special Committee, would he be satisfied with 30 per cent. He said "yes". Since then, on examining the question, there is a fear they may have to exceed the 30 per cent., which would have necessitated an amending Bill. It is feared that the judge who will naturally read the proceedings of the Special Committee and discussion in the Dáil may feel bound not to permit them to go beyond the 30 per cent. I made the same statement in the Seanad and by making it here the judge will see that the Seanad and Dáil have approved of it, which should be sufficient.
It is simply making a statement for the purpose of informing anybody as to what was the mind expressed in the Dáil and Seanad in the debate, not in any way a formal resolution.
Yes. The Bill is all right.
Question agreed to.
Seanad Éireann to be informed accordingly.