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Dáil Éireann díospóireacht -
Thursday, 23 Apr 1953

Vol. 138 No. 5

Committee on Finance. - Health Bill, 1952—Money Resolution.(Resumed).

Debate resumed on the following motion:—
That it is expedient to authorise such payments out of moneys provided by the Oireachtas as are necessary to give effect to any Act of the present session to amend and extend the Health Act, 1947, and certain other enactments—(Minister for Health).

When I made a statement in this House on Friday evening to the effect that Deputy McGilligan had, on a previous occasion, made a certain statement he repudiated it and denied it. I am now in a position to prove to the House that Deputy McGilligan did make the statement and I ask the permission of the Chair to read from the Official Report the exact words used by Deputy McGilligan. They are:—

"Mr. McGilligan: There are certain limited funds at our disposal. People may have to die in this country and may have to die through starvation."

Read on.

I have not taken the words out of their context.

That is a lie.

It is not a lie.

Read on.

On a point of order. Is Deputy Dillon in order in saying that something is a lie?

What I said was that to stop there is a lie. Go on and finish the quotation. To stop there would be a lie.

I will read it again for you.

Quote the column.

Deputy Davern should be allowed to complete the quotation.

Yes. Make him complete it. That is all we ask.

Deputies might allow Deputy Davern to proceed and read the quotation.

Make him complete it. I pin his hand to the desk now.

That is the phrase that was used about the Deputy's own father.

(Interruptions.)

I will read it again:—

"Mr. McGilligan: There are certain limited funds at our disposal. People may have to die in this country and may have to die through starvation."

That is the statement which Deputy McGilligan denied.

Quote the column.

Column 562 of the 30th October, 1924.

Are you afraid to read on?

I was never afraid of anything in my life.

Deputies who think the quotation is not finished can read it afterwards for the House.

That quotation has been stigmatised in this House, six separate times in my presence, as a falsehood. The next sentence is relevant as part of that quotation.

I have no means of discovering that. If Deputy Dillon thinks that the quotation is not finished, there is nothing to prevent him from producing the quotation and reading it.

That is why I pinned that fellow's hand to the desk.

That is what was said of your own father. Is that expression of the Deputy's in order?

Yes, it is. Read the next sentence if you dare.

"Mr. Colohan: That would solve the problem."

That is the next sentence.

Read the next sentence in Deputy McGilligan's speech, if you dare.

That is the next sentence.

Has Deputy Davern concluded his statement?

Mr. O'Higgins

He is afraid to speak.

He is afraid to read it.

He is not afraid of anything.

I was saying when I moved to report progress that the attitude of the Fine Gael Party to this Bill was characteristic of them. The leopard does not change his spots. Neither has the Fine Gael Party changed in any way whatsoever. At every advance of the nation they have stuck their heels in the ground and taken an almost unbelievable attitude. As it was then, so is it now.

In fairness to the farmers of Tipperary that I represent I must state that I have no knowledge whatever of any farmer of £50 valuation with a Chrysler car in Tipperary. Deputy Costello stated in this House that this Bill was principally for the people of £50 valuation and under, with their Chrysler cars. If any of them have been able to rise to the old baby Ford, more power to their elbow. They need not thank Deputy Costello or the Fine Gael Party for the prosperity they now enjoy.

They can thank the calf slaughter.

Now Napoleon. Not to-night, Josephine. Deputy Mulcahy will have a very difficult job in explaining to the people of Tipperary that the Health Bill is principally for the people with Chrysler cars. If Deputy Costello had read the Bill he would not make such statements. He certainly would not have made the statement that certain bus drivers would be exempt from it. He forgets that every insured person is entitled to the benefits of this Bill.

There is, apparently, great sympathy for the people of over £50 valuation and the people under £50 valuation are begrudged any benefits this Bill confers on them because of the taxation. Deputy Dillon introduced what is known as the land project scheme. We all realise that it is the farmers over £50 valuation who get the benefits of it. There was no means test in so far as the wealthy people in this country were concerned then. This Bill will not commit the country to the same extent as regards finance. There was going to be £80,000,000 for the rehabilitation scheme. This Bill will not cost anything like that even over 20 or 25 years.

Mr. O'Higgins

It will not go into operation.

If you have patience you will be told——

Mr. O'Higgins

You cannot cod the people.

It is hard to have patience until we see the last of it.

Mr. O'Higgins

It began in 1945.

It is very hard to sit in the one House with a man of the calibre of Deputy Dillon.

You will not be long troubled with that ordeal. The sooner you get out the better.

Deputy Davern will look well in the Seanad when he gets there.

There is great sympathy now for the taxpayer. There was no sympathy whatsoever when we wereborrowing £40,000,000 in dollars and repaying in dollars. That scheme, which was going to cost the country over £80,000,000, was not going to develop the country but to enable the wealthy people to make their land healthy.

Are you against it?

Are you against it?

When we try to make the health of the people what it should be, then we have Fine Gael opposition. They oppose this Bill just the same as they opposed every national advance in the past 20 odd years.

There are 96,000 unemployed now. What are you doing for them?

Deputy McGilligan has a remedy there for everybody. Kill everybody—that is Deputy McGilligan's.

That remark should be withdrawn. There is no quotation for that. Even a dishonest quotation will not bring that in.

"Kill everybody—that is Deputy McGilligan's" is a statement that should not be made and it should be withdrawn.

In deference to your wishes, I withdraw it.

Is the Deputy withdrawing the statement?

I withdrew it, Sir. Deputy McGilligan is becoming very tender-skinned now.

He is not a calf.

If Deputy Mulcahy will go down to Tipperary and tell them that the people of £50 valuation bought Chrysler cars he will get a hell of a hot reception.

And that you do not want the land reclamation scheme.

What about the 96,000 unemployed?

Go out with the white mice and the three-card trick.

Do not be hard on him; he is not a bishop.

Some Deputies have great fears of Communism in this country. They need not worry. I assure them that while Ireland holds the remains of its martyred dead Communism will never live. Do not worry. All the politicians on the other side who, for political reasons, will try to spread rumours of that kind will not get away with it. Do not worry. They will not get away with that at all.

This Bill, Sir, is an honest effort to do something that perhaps we should have tried to do many years ago if the time had been opportune. Naturally, if you wanted a healthy people one of the first things you had to do was to try to house the people. There was no use in hoping for a healthy nation while housing was in the horrible condition in which we found it in 1932. Not even one house had been built in a rural area. That was not conducive to the health of our people. Now that we have broken the back of the housing problem we can, I believe, with confidence, say that the time is ripe to undertake the task of restoring the health of our people in every possible way and of helping our medical practitioners to restore the health of our people. This Bill will go down in history as one of the most beneficial and one of the greatest steps forward that Fianna Fáil has been responsible for.

I must refute statement made by Deputy O'Higgins, Junior, statements that should not be made, with regard to the previous Minister for Health. Deputy Dr. Browne on every possible occasion showed that he was a man of great courage, a man who had the interests of the sick poor at heart. When he was Minister in the Coalition Government I said, just as I say now, that he was the one Minister that should be admired. He should be admired.

For going against the Bishops, he should be admired?

I did not say any such thing, but very far from it. I am quite certain that Deputy Browne has as much regard for the Bishops of Ireland as any Deputy in this House.

That is what you think.

He has proved himself a statesman and a Christian, and I can assure you that very few of the people criticising him here to-day would sacrifice ministerial position. He did rather than participate in something he felt he was not entitled to do.

He had to be put out for going against the Bishops of Ireland. I was on the inter-Party Government side and I know that.

I could not say that if we want evidence of our religion we should go to Deputy O'Leary. I do not think he is really an authority.

I am a Catholic, anyhow.

I have allowed Deputy O'Leary a good deal of latitude, but I cannot allow him to continue. He has been continually interrupting Deputy Davern.

I will obey the teaching I was brought up in.

I suggest that he cease interrupting, if he wants to obey the Chair.

No one takes Deputy O'Leary very seriously on religion.

Let us discuss the Money Resolution.

I say that Deputy Browne deserves not the censure or the mean statements that have been made here but to be taken as a man who for the sake of principle is prepared to sacrifice ministerial position and all that goes with it.

He had to do it.

I say that he has shown sincerity—sincerity that would be completely absent on the other side of the House, anyhow. I do not propose to keep the House much longer.

When he was in Clann na Poblachta you did not praise him.

That is not true. I deny that statement, and I ask you to insist that Deputy O'Leary will withdraw it. I certainly did.

What did Deputy O'Leary say?

He says so much tripe no one knows or cares very much. He said that when Deputy Browne was a Clann na Poblachta Minister I did not support him.

I said the truth.

These are contentious statements which are made every day, and I cannot interfere with them.

I believe that, contrary to the many statements we have heard, this Bill will not impede the work of any dispensary doctor, but when it has been in operation for some time nobody will be more pleased than the conscientious dispensary doctors— and, thank God, the vast majority of our doctors are conscientious, hard-working people. There might be a black sheep here or there, but the medical profession should not be censured because of that. On the whole, our Irish doctors are second to none, they are humane, and while at times they may be a little bit cross, through being brought out of bed late at night or something else, they do their work conscientiously and well. This Bill will enable them to do it in a more perfect way, it will give them more confidence, regardless of how they may interpret it now, and more appreciation of their work for the sick poor. I sincerely hope that Deputy Costello's statement that all the farmers under £50 valuation have Chrysler cars will be perfectly true long before we have seen the end of this Bill.

On a point of order, I made no such statement. The Deputy has attributed to me something I did not, in fact, say, and I ask you to direct him to withdraw it.

I have no means of deciding whether the Deputy is making a reflection or not.

With great respect, it is a reflection; and, with some respect, might I say you have a duty to ascertain what is on the records of the House and what I did say? The Deputy has stated I made a certain statement, which is a serious reflection on me politically and personally.

The Deputy misunderstands my duty. It is not my duty to get the Official Reports and go over matters contained in them.

It is your duty to accept my word.

My duty to the Deputy has been to deal with a sole charge against Deputy Costello.

If the Ceann Comhairle thinks that a statement that I said that all farmers have Chrysler cars is not a reflection on me, then I have little respect for what the Chair says.

I cannot help what some Deputy says that the farmers have.

The statement was that all farmers have Chrysler cars.

A Deputy

Farmers of £50 valuation.

I made no such statement.

It does not seem to be a personal reflection on Deputy Costello.

On a point of order, when Deputy Davern was speaking, he purported to quote from the Official Reports to establish the proposition that Deputy McGilligan stated that the people of this country may have to starve. I ask your leave——

Mr. Davern rose.

Stand your ground. You are shameless. Stand your ground. Here is the phrase that Deputy Davern refused to quote. He said that Deputy McGilligan stated that people may have to die and die of starvation. Iasked him to quote the next sentence. The next sentence is:—

" It might solve the problem, but not in the way that I desire."

That is not the next sentence.

You ought to be ashamed of yourself.

You ought to be ashamed of yourself to misquote.

You poor fish.

There is nothing very complimentary to Deputy McGilligan in that sentence.

Deputy Davern did open this in a disgusting way. This bears the mark of the scurrility used in this House about me. Anyone who tried that before has been called to order by the Chair and if Deputy Flanagan wants to employ his embryo talents like that, we may indeed get the chance of letting his nose be rubbed into it, as was done with others.

I would not like to insult the Chair, as Deputy Costello did and got away with it.

I cannot characterise Deputy Davern's conduct in the way I would like. There is a short word of three letters to describe his statement and there is a word of four letters to describe him for making the statement. The rules of order do not allow me to use those two words and I leave them to people's imagination. He was challenged as to whether he said the truth. Of course he did not. It is mild to say it was untrue, it was the furtherest end of the scale from the truth, it was simply the last thing from the truth, it was the assassination of truth. If Deputy Davern thinks he is going to carry this dishonestly conceived and badly brought forward Health Bill by this sort of tactics, even though he has the careful timidity of Deputy Flanagan to give him a little aid——

It is better than your attempt to create a false impression.

——he will get as little forward with this phrase as hewill with the Health Bill. The phrase has been used to persuade people to believe that I said that I would be prepared to allow people to die of starvation. The next phrase is there:—

"There are limited funds at our disposal. People may have to die in this country and may have to die through starvation."

Then Deputy Colohan, who was a member of the Labour Party, interrupted to say:—

"That would solve the problem."

Deputy Davern neglected to give what I said next, which was:—

"It might solve the problem but not in the way that I desire or that the Deputy desires."

If Deputy Davern thinks over the phrase, he will see that not even a pettifogging lawyer would agree with him that that establishes that I want people to die of starvation.

People did die, and died of starvation.

It is better than the disgraceful effort by Fine Gael to discredit the Bishops and make pawns out of them.

We are talking about that phrase.

Is the Deputy in order in talking about that phrase?

Yes, yes.

I will allow the Deputy to proceed.

Is it relevant to the Money Resolution?

Yes, yes.

When did Deputy Dillon become Ceann Comhairle?

It is relevant.

It was brought in on the Money Resolution.

It is relevant to the falsehoods of Fianna Fáil.

Is Deputy Dillon the Ceann Comhairle now?

I am allowing Deputy McGilligan reply to what was said.

The Deputy was very strong to-day on theological matters. He is a bit pallid at the moment, whether from excitement or timidity.

Certainly not timidity.

He knows he is not playing the game.

Deputy McGilligan should be allowed to make his statement without interruption. I am asking Deputy Flanagan to desist from interrupting.

I will, if the Deputy will bring himself to the Money Resolution.

That is my function.

This is the second time to-day that Fianna Fáil members, first the Minister for Finance and now Deputy Flanagan, have sought to impose a condition on the Chair by saying: "If the Chair does so and so, we will do so and so." We can all be very rational and obey the Chair if the Chair enters into a compromise with any Deputy.

The Deputy must withdraw that statement. The Chair will not enter into any compromise with any Deputy on either side of the House.

I withdraw it.

I do not know whether the Deputy's timidity arises from the fact that he finds himself in the rather objectionable position of being associated with another Deputy at the moment. He made a mean accusation. If he read what I said and continued for a few lines further he would find that I went on:—

"To say that would solve the problem is no answer, is not facingthe fact that there are limited resources in this country."

I went on to say a lot more about husbanding resources. Deputy Flanagan's mentality is on the level of Deputy Davern's. I begin to agree with Deputy Lynch, the Parliamentary Secretary to the Government, that higher education has not had much effect, at least as far as Deputy Flanagan is concerned. I am anxious to hear from Deputy Flanagan his apology.

We ought to discuss the Money Resolution.

I am only permitted to characterise it as false, but if the rules of the House permitted it, I would characterise it by another term.

You said that already.

I am exposing this thing which has gone on too long and killing what has been put through the country for years. Every Fianna Fáil propagandist who cannot find any other kind of dishonesty to utter inevitably comes back to this scandalous statement. It is a shock to me that a matter which has been discussed in this House before can still be gone back on year after year.

We are discussing this Money Resolution in very peculiar circumstances. We had this Resolution tabled over a week ago. We had two members of the Government Party, as far as I remember, people attached to the Government, who spoke for it. One was the Minister for Health. He made a hurried intervention in the debate after Deputy Costello indicated on behalf of our Party complete and utter detestation of the whole measure and gave the reasons why we are going to object to it in the most strenuous way possible. The only other person attached to the Government who came into that debate was the Parliamentary Secretary to the Minister for Social Welfare, Deputy Kennedy. It was indicated in the course of a question that Deputy Kennedy went down to Westmeath County Council and wefind what he said reported in the Midland Heraldof April 2. We find that a resolution was tabled protesting against this Bill and that Deputy Kennedy rode into the fray as follows:—

"Referring to the moral aspect, Mr. Kennedy said the Fine Gael Party saw fit to pontificate on morals and set themselves up as judges, claiming that right was on their side; that on their side was virtue while everything opposed to them was guilty. They had dragged in the Cardinal and the Bishops on their side. Thirty years ago, they had shook the Bishops at the Republican Party and threatened them with excommunication but that cock would not crow any more."

Deputy Kennedy, speaking for the Government, said that that cock would not crow any more. With that phrase ringing in our ears, we are supposed to close our ears to what the people are speaking about and what we all know, and that is that a letter was sent to four newspapers for publication. It was addressed to the faithful of the country. I understand one of the phrases used in it was that notwithstanding the points that have been excised from the 1947 Health Act, what is left in it is not in harmony with Catholic teaching. The answer of the Government to that is to use their best effort, successful so far, to have the letter delayed, and they are using that effort, I understand, to have that letter suppressed.

This House is surely entitled to know in what atmosphere we are debating this legislation. Is it actually a corpse on our hands? Has it been found riddled with moral disease, or is it something that an attempt will be made to restore to life by artificial methods? Will the Minister for Health come in here as truculent as he was in his attitude to the doctors and Deputies and to every amendment put down? Will he come in and be brought to some point of bitter sweet reasonableness and frame legislation which will get inside the principles of Catholic teaching?

I sought for a long time to find out whether there was anything good inthis legislation and I did discover, tucked away in the end in the repeal section, something that I thought at least was of good. In the Schedule, under the heading of "Enactments Repealed", we have a reference to the Health Act of 1947, and I find there amongst the repealed sections Sections 21 to 28. These sections are well known to people who were in this House as early as 1947 when the first fumbling and blundering efforts were made to introduce health legislation in this country. We did not know at the time, but we know now that, in connection with that health legislation of 1947, a letter had been addressed by the Hierarchy to the present Taoiseach, who was then Taoiseach, indicating the Hierarchy's grave disapproval of various parts of it, more particularly Part III, which contains these sections which are now being repealed.

On a point of order. Are we now discussing the 1947 Act?

The phrase I want to quote is this reference to the 1947 Act. The Deputy is getting a bit wild.

What is the Deputy quoting from?

I will not be subjected to the muddled examination of the Deputy. I am quoting from the Bishops' letter of the 7th October, 1947, addressed to Deputy de Valera, the Taoiseach, and his Government. The Hierarchy pointed out that to claim such powers with regard to the mother and child service for the public authority, without qualifications, is entirely and directly contrary to Catholic teaching on the rights of the family, the rights of the Church in education, the rights of the medical profession and of voluntary institutions. That was the condemnation on the moral side, and so successfully was that letter hidden that we knew nothing about it until we became the Government in 1948. About that time, in 1947, Deputy James Dillon had started proceedings in the courts to have these Sections 22 to 28 inclusive declared unconstitutional. There wasan objection, therefore, to these sections from two points of view; the moral angle about which we had no knowledge in relation to the approach of the Church, and Deputy Dillon's angle from the point of view of a person looking to the Constitution and seeking an interpretation there of certain sections. Deputy Dillon's action did not come to hearing, because Deputy Dillon had not to wait to get the judgment of the court as to the unconstitutionality of these sections. He got that opinion from an Attorney-General, and the Government in 1948 decided these sections would have to be removed.

The sections were very definitely criticised from the point of view of the power they gave the central authority, and particularly the lay authority, in connection with motherhood, and from the point of view of the power that was given with regard to children and the general power to safeguard and improve health and physical education and provide for educational matters relating to the health and treatment of illnesses and defects and in the ascertaining of cases of mental deficiency. These were then unconstitutional in our opinion. We know now they have been criticised as being contrary to the moral law.

Will the Deputy answer a question? Was the Attorney-General's opinion——

Of what Attorney-General is the Deputy speaking? I am talking of two Attorneys-General. I am talking of the Attorney-General who advised the Fianna Fáil Government in 1947 that this piece of legislation was constitutional, and who is now Attorney-General again to the present Fianna Fáil Government. I wonder does he hold the same opinion still. Does he say it is constitutional now?

Was the opinion given to Deputy Dillon published?

What opinion is the Deputy talking about now?

The opinion that was given to Deputy Dillon.

The Attorney-General gave an opinion. Deputy Dillon was a member of the Government at the time and I am sure that he heard that opinion. Why would he not hear it?

It was not made public.

Order! Deputy McGilligan must be allowed to speak without interruption.

Let it not be public. Neither was the opinion given by the Attorney-General in 1947 made public, and he is now Attorney-General again advising the present Taoiseach and the Government.

We only want to know where we stand.

I will let you know where you stand very quickly. The then Attorney-General said in 1948 that this part of the Act which was impugned was unconstitutional. There were two Attorneys-General in the inter-Party Government and at least one of them declared it was unconstitutional.

We have no means of checking up on that sort of thing.

The Deputy has every means of checking up. He can ask the Minister for Health and I challenge the Minister for Health to say that what I am saying now is wrong. Is that a sufficient check?

I do not know. It was said to Deputy Dillon and not to the Minister for Health.

I feel I was entitled to regard the present legislation with some suspicion even when Sections 22 to 28 had disappeared from it, because there is the same Taoiseach under whose auspices the legislation in 1947 was brought forward. He was again Taoiseach when the 1952 Bill was introduced. In 1947, Dr. Ryan was Minister for Health. Again, in 1952, he was Minister for Health. He has presumably the same Department of Health officials around him as he had in 1947. There is the same Attorney-General asthere was in 1947, the Attorney-General who said that these sections were all right. I presume he gave the same advice in 1952. When Fianna Fáil speak on this they say that the Constitution is there for the protection of the community. There is, in particular, Article 45, the directive Article of the Constitution. Do not forget that the Constitution was there in 1947 and the directive Article on social policy was there, too, Article 45.

I wonder what the present position is. Have these sections been completely abandoned without any possibility of their return? I find that Section 4 says as clearly as words can say it that this legislation is to be free. There is to be a free choice. The Minister has interpreted that in these terms: it is free as far as the doctor is concerned because he can come into the scheme, if he wishes, or he can stay outside; it is free as far as the applicant is concerned; it is free as far as institutions are concerned.

Our attention was directed to Section 18. A little later we got a new Section 18 thrown at us by way of amendment. As far as certain sections of the public are concerned I think I am not wrong in stating that the Minister's new Section 18 is causing considerable anxiety and great scruple amongst the nuns who run our secondary schools where day pupils are attending and amongst Catholic headmasters running secondary schools where day boys are attending. I do not know if the Minister will say I am going beyond what is in the Bill when I state that, as far as religious communities of nuns responsible for the education of children are concerned, they have indicated that they will not allow this section, if passed, to operate in connection with their schools. The Catholic headmasters dealing with day pupils in secondary schools have indicated their complete objection to this section and have gone so far as to say, as far as I am aware, that they will not allow it to operate if it is within their power to prevent its operation.

The Minister has said that in Section 4 everything is open to choice and there is free choice. I wonder what other errors might be hidden in thisparticular piece of legislation now that we know how free the choice really is. Objection was taken to the 1947 Act on general principles and not so much along certain sections. The phrase used was that the Bill in principle was contrary to Catholic teaching, the rights of the family and the rights of the Church in connection with education and to the rights of the medical profession and of voluntary institutions. It is noteworthy that in that context the rights of the family come first. We know that since the legislation of 1947 many well informed members of the Church and many learned men have directed their comments, without directly aiming at the Government or individual members of the Government, towards this legislation. The one fundamental objection they have to this legislation is summed up in the phrase that it deprives the community of their responsibility and deprives fathers of families of their responsibility to educate their children, physically as well as mentally.

Objection was made that if this legislation went much further and there was much more in the way of State control, that inevitably must have the effect of weakening self-reliance and breaking down the moral fibre of the community. Yet, we get this piece of legislation welcomed, as it was in this House, in the phrase that it represented egalitarianism, and that was apparently something to be proud of. Consider the egalitarianism that is in this measure. It is equality at the lowest possible level. The one phrase that has been repeated by the Minister for Health over and over again in the course of this debate is that those who want to avail of this and the free services provided under it must avail of them in the public ward. That is equality at public ward level. The Bill specifically prohibited any provision being given to people who take treatment in private or semi-private homes. In that respect it is a great contrast to the British legislation. As if he delighted in it, however, the Minister harps on that again and again. If there is equality in this measure it is equality at the lowerincome group, and not even at the level of the middle income group. It is equality at the level of those who are described in the Public Assistance Act as folk who, by their own industry or lawful means, cannot provide their own essential medical services.

In the light of that, we gaily set forward, leaving clerical objections out of it altogether, on this voyage towards social betterment, and the improvement of health services and the level of social betterment and improved health services is treatment in the public wards. I should have thought that if there is anything to be improved in social conditions here on the health side it would have been our ambition to work upwards from the public ward situation and to get away from that atmosphere altogether. If lack of medical staff, lack of sufficient nurses or lack of buildings meant that for some time, at any rate, we had to continue with the public wards in our hospitals it should be our endeavour to ensure that they would not be crowded with new applicants and that the horrors of the public wards would not be extended for a wider circle of the citizens than those who qualified for public assistance and were forced to put up with these rather shocking conditions. When the Hierarchy did condemn in 1947, in the letter to the Taoiseach, and when later the blundering of Deputy Dr. Browne brought the fullest possible condemnation from them, they did not confine themselves to a negative approach to this matter. In one of the letters that they wrote, dated 5th April, 1951, this sentence occurs:—

"The Archbishops and Bishops desire to express once again approval of a sane and legitimate health service which will properly safeguard the health of mothers and children."

At the end of that letter this sentence occurs:—

"Accordingly, the Hierarchy have firm confidence that it will yet be possible, with reflection and calm consultation, for the Government to provide a scheme which, while it affords due facilities for those whom the State, as guardian of the commongood, is rightly called upon to assist, will none the less respect, in its principles and implementation, the traditional life and spirit of our Christian people."

In a letter dated 8th March, 1951, from the Archbishop of Dublin, this phrase occurs:—

"I welcome any legitimate improvement of medical services for those whose basic family wage or income does not readily assure the necessary facilities."

A second paragraph follows:—

"And if proof be needed of my attitude, I may be permitted to point to many actions of my Episcopate, in particular to the work of the Catholic Social Service Conference founded by me, more especially to its maternity welfare centres."

Towards the end of a letter dated 10th October, 1950, this sentence comes in:—

"The Bishops are most favourable to measures which would benefit public health, but they consider that instead of imposing a costly bureaucratic scheme of nationalised medical service, the State might well consider the advisability of providing the maternity hospitals and other institutional facilities which are at present lacking and should give adequate maternity benefits and taxation relief for large families."

I want to stress these sentences because of the dishonest criticism that has occurred with regard to the efforts of the Hierarchy to perform their teaching office in this community and because of the efforts to misrepresent that attitude and to make these people appear as if they were anxious merely about taxation, that they had no care for the poor and certainly saw no necessity for improving the health as well as the social services for those who could not provide these things for themselves. At a meeting of the Government to which I belonged, on the 7th April, 1951, this decision was taken:—

"...that in the light of the Government's conviction thatmothers and children should not be deprived of the best available health care by reason of insufficient means, a scheme or schemes for a mother and child health service should, as soon as possible, be prepared and undertaken which would

(a) provide the best modern facilities for those whose family wage or income does not permit them to obtain, of themselves, the health care that is necessary for mothers and children and,

(b) be in conformity with Catholic social teaching,..."

Immediately after that decision was taken and for a brief month or two there was, for the first time since inter-meddling with health affairs happened in this country, a period of co-operation in which the professional men outside—the doctors—met with the professional men—the doctors—in the Department of Health and with others. That co-operation was enthusiastically given by the professional men, both those in the Department and those who were outside. Their enthusiasm was to provide a real scheme which would have benefited everybody because the principles were good, the extent was no way meagre, the methods adopted would have ensured smooth working and got a scheme that could work and be made work because the profession were behind it. Now, after all the years—notwithstanding the warnings that were given to the Taoiseach in 1947, notwithstanding the many warnings and the effort to correct and the efforts to guide that met with such lamentable ill-success in the case of Deputy Dr. Browne—Dr. Ryan, the Minister for Health, apparently finds himself in exactly the same position that Deputy Dr. Browne was in about two years ago. Again we have the tactics of suppression. Nobody knew anything about the letter of October, 1947, addressed to the then Taoiseach until it was disclosed in the Dáil Debates that took place and Deputy Dr. Browne did what was called here "make a sacrifice" but which I have heard phrased differently—"had a sacrifice imposed on him."

According to the Taoiseach's statementearlier this afternoon the Minister for Health is now conducting the business of the Government in the ordinary way. The ordinary way, apparently, is to take steps to have the publication of a letter at least delayed—a letter which, incidentally, was not addressed to the Government specially, a letter that was addressed to the community, a letter which was intended to be for the guidance of the community and which, I understand, is founded upon the teaching office of those who composed the letter. So far the publication of that letter has been suppressed even though it is addressed to the community and is for the guidance of the community. Again we have the same difficulties. Is there the freedom that a Catholic community should have? Is the responsibility left to parents—fathers and mothers— within a Catholic community which, according to Catholic teaching, ought to be left to them? Is that the position or has it been found that again there is a breakdown and that another Health Bill will have to be scrapped entirely or will have to be amended so completely that it will be very far away from the piece of proposed legislation that got the acclamation of certain peculiar odd people in this House in the past ten days? Has the Minister amendments that he can speak of when he is replying to this Money Resolution? Will we know before the Money Resolution is passed what the money is required for? Is it for something that now lies under condemnation or is it for some new scheme that the Minister will have hurriedly to think up? That is one of the ghastly parts of this. I myself did not consider it credible, in view of the warnings given in this earlier correspondence, that any responsible person entrusted with preparing health legislation could have neglected to have association with those who composed these letters. I believe he had that association and that he had that association over many months. I believe also that recently when this matter was mounting to a climax here and outside, the Minister was visited by at least one member of the Hierarchy, who, I am sure, gavehis best in the way of advice and offered him his best in the way of guidance out of the embarrassing difficulties into which he had landed. Do not forget that this legislation, this Estimate for the Department and this Money Resolution have been before the House and the public for very many weeks. We had the phrases used here that it was socialism and it was welcomed as socialism. We had this peculiar phrase about egalitarianism, that at last it had been achieved, and although the toe was only in the door we still would get freedom to kick the door down and make our proper advance to socialist medicine.

Defiantly it was said in this House that the Hierarchy of this country knew how to defend themselves; that this legislation had been before this country and before the Dáil for many months, and yet there had not been one word, one line or cheep of protest against it. There was not. As far as that member, Deputy Dr. Browne, or as far as any of us knew, that was the case. The Minister knew how false that was, because he had been approached and he had these criticisms. Yet he shambled along, apparently impenetrable to argument and insensitive to any matter of principle, apparently unaffected by any reason until we again got this collision that had occurred in 1947, 1950 and 1951. Again we had the huddled business, smuggling behind closed doors, and the suppression of what the public are entitled to know, in an effort to get the Minister breathing space so that he need not appear shamefaced, having to confess what went wrong. He would not be in such a lamentable position if he had accepted, when proffered, the advice which he is now rather reluctantly going to take. However, those aspects will come out later.

In this House there has been a great deal of adverse comment of the medical profession. The medical profession, in all this matter, are supposed to be acting very selfishly. Despicable phrases were used about them by the Minister for Health that he presumed arose out of something said over in England. The situation would soondevelop like that in England, and the doctors would find they are financially better off under the health services plans, but in England, while they are better off, they objected, because they had to pay income-tax. That, coming from a member of the profession, was cast at the I.M.A. as being presumably the reason why they objected to this scheme. They might make a bit more money, but they would be compulsorily honest. They would have to put in the correct income-tax returns and to that degree might lose. There, in any event, this legislation turned aside from the profession. The profession were to be at the best ignored; the county manager, a lay person, was to take on a variety of important responsibilities under these proposals.

I say the profession were at the best to be ignored. Deputy McGrath had a different view. Deputy McGrath wants them prosecuted or possibly manda-mused into doing their duty. Deputy McGrath thought that after this legislation passed those who held themselves out as unwilling to co-operate or work the scheme should have the Attorney-General put on to them. That is the free society into which Ireland is drifting. Under Section 4 everything was to be free but when it came to the practical application if people did not co-operate the Attorney-General would get after them. They would be either prosecuted in the Criminal Court or efforts would be made, I suppose by some application of mandamus, to get unwilling doctors to give the services under the health proposals that they are expected to give.

I know that in 1950 there were different proposals. The view of the Minister for Health in those days was that the Department had power to insist on the dispensary doctors coming in under the scheme. The attitude was put up in a minute which still remains on a file in the Minister's Department and which he can see, that the Department believed they could operate these powers and when they did the others would have to come in or that the others would cave in.

We have the situation in which the profession are opposed to this legislation.They have expressed their view that the scheme is unworkable, it will not be a good one and they will not co-operate. Reading the debates and listening to what has been said on this question, I have waited to have somebody put up a reason why the doctors should behave in this way. Their conduct at least merits a question mark. Why are they behaving in this way? I understand that it is accepted by those who speak for the Government that these health proposals will mean expenditure of more money on health services. If that is the case I should imagine—and I think the Minister for Health accepts this himself—that the members of the medical profession would benefit financially. Why, against their financial interests, do they take this line? The cheapjack way of speaking of it is to say it is only Merrion Square and the crescents who object and they apparently have power to overawe all their colleagues, even those who come from the rural areas or those who come from the provincial towns. Strangely enough these specialists from Merrion Square and from the crescents find it possible to overawe the National Health Council.

The National Health Council is a body of some 30 people elected on a peculiar basis. There are representatives of the General Council of County Councils on it; there are representatives of the municipal authorities on it; there are certain doctors appointed by the medical association and certain others who come from elsewhere. In the last ten days I glanced down through the list of names. From my own knowledge of the political views of those whose names I saw on that sheet, I would say not less than 50 per cent. are in their politics affiliated to the present Government. Yet, I understand, after a nine hours' interview (two periods) with the Minister for Health, the Minister did not find it possible to get a single person of the 30 to approve of a single part of the proposals of the health legislation we are discussing. If the influence of the specialists in Merrion Square and from the crescents is so powerful that they can coerce their colleagues who are not of the specialist type, overpower thepeople coming up from the country, and even get their influence worked with representatives of the General Council of County Councils, the municipal authorities and a whole heap of other people, it is a striking fact that there is no person to be found in the room with the Minister for Health who can say a good word about a single one of the Minister's proposals. How is it ever hoped to have this scheme worked, even if the scheme could get over the difficulties with regard to Catholic social teaching? What belief is there, what real expectation is there, that a scheme dealing with the health of the people could be made to work if the doctors and the community are against it?

Deputy Larkin, generally very accurate on matters about which he speaks in this House, did make a statement here which was inaccurate. I listened to hear how his statement would be put across in the Radio Éireann version of the proceedings of Dáil Éireann, and there was a cute distortion of Deputy Larkin's phrase, to get over the mistake he made. Deputy Larkin said—I am not quoting his exact words; I am just giving the gist of his remarks: "What is the good of the I.M.A. holding out against the scheme? When a more powerful body than they are"—I presume he was referring to the B.M.A.—"took up the same attitude of non-co-operation, they had to give in because of disunity in their ranks." That, of course, is not the case. It was not the doctors who gave in. It was the Minister of Health who gave in.

I have here a book on national health service in Great Britain written by one, James Stirling Ross. This book does not run to more than six or seven pages with regard to what he calls "The Settlement." Deputy Larkin spoke of disunity amongst the doctors. There were three plebiscites amongst the doctors in England. The first was a mere preparatory one. The second was the effective one for the time being, and the voting was 40,000 odd against the Act and 4,000 odd for it.There was not much disunity there. Having got that vote, the B.M.A. were put in a position of great strength but the B.M.A. did, nevertheless, make a further approach to the Minister and, according to this book, the Minister, Mr. Bevan, spoke in the House on the 7th April and said he had been trying to find out for himself—I wonder did the Minister here ever put this question to himself—"What it is that is really and sincerely worrying the doctors." The book goes on to state that it was the fear of a full-time salaried State medical service. Mr. Bevan thereupon gave the guarantee that a whole-time service would not be introduced by regulation under the Act. A number of points which were published in a medical journal known as The Lancetwere then put to the Minister and eventually, after the Minister of Health had promised enough to enable the medical people to give their co-operation, they took a new plebiscite and they said that they would not advise non-co-operation unless at least 13,000 of the general medical practitioners voted for non-co-operation. The result, as far as the general practitioners were concerned, showed that 8,600 odd voted for accepting the scheme and 9,500 odd against.

So far from there being disunity, there was even this vote against accepting it but, as the majority did not number 13,000, which was the necessary requirement for deciding on non-co-operation, they said they would co-operate. Once they got together, even though there was quite a number of general practitioners still against it, things went smoothly.

The chairman of the B.M.A. wrote a letter, and this I want to quote because it shows how these men took their stand on principle and how, when they were met on grounds of principle, they could wholeheartedly work a scheme although the doctors did not believe it would be for the betterment of the people in England. In that letter he stated:—

"There will be no shortage of good-will. The profession will seek to make the new public service the best that is humanly possible underpresent circumstances. The individual citizen will be free to decide whether he will take advantage of the public service in whole or in part. But this will not mean that there will be two qualities of medical service rendered to the public. Only the best is good enough for the public service and we shall do our utmost to provide it."

That drew a corresponding message of good-will from Mr. Bevan, the Minister of Health on the other side. The fight was for a principle, the fight is here for a principle. The doctors here too object to being made salaried members of a State medical service. Apart from that, the doctors have indicated in a series of articles in both the Independentand theStandardwhy they are opposing the scheme of the Department of Health and why they should not be asked to give it their co-operation because of deficiencies in institutions and deficiencies in personnel, medical and nursing. Do not forget the phrase I have quoted: “Only the best is good enough for the public service and we shall do our utmost to provide it.”

What has happened here? We are told that the services are to be given on the public ward level. We have a division of the people into two classes or groups—one group of which, I suppose, is regarded as being envied by the lower income group. Let us take the top level, the person whose family means do not go beyond £600 a year. From figures given in this House it has been established that the 1939 £ is now worth 8/-. Six hundred pounds a year now represents a £240 income of the 1939 character. Anyone beyond that income is outside this scheme, be he married or otherwise. Anybody else not on the public assistance level cannot avail of the proposals in this legislation, and the Minister's consideration for those who come within the scheme is that of the public ward—a place that some of them are not accustomed to go—and in the public ward, if they are above the lower income group, they will pay £2 2s. a week. If they go into some private or some semi-private home, whether they have to look for specialists' services and pay this £2 2s. or not, theyare outside this scheme. If that is the corresponding Irish effort to the British health services let it be exposed for how contemptibly low it is. "Only the best is good enough for the public service in England and we shall do our utmost to provide it."

Here the most that can be provided is the public ward. Deputy Larkin said he did not see why members of the profession here would seem to regard the public ward as something horrible or something pretty horrible. It may not be, but the best that this country can afford should certainly be away and above that until the country gets richer and there is more production. At any rate that is the level on which we are starting. If there are people in this community who think when they get ill that they would like something in the way of privacy, people who do not like the promiscuous conditions of the public ward, who would like a little better, possibly, in the way of food, something better in the way of service of food, some place where people who visit them can be received in privacy by them and where they can enjoy their talk without a whole group of people listening in, we are denying these to anybody who comes in under this scheme, even though they pay for them. The public ward level is going to be good enough here under our improved health services, not the best that the public service demands and should get, as it is going to get apparently in England.

Most people in this debate have sheered off from the cost. The Minister set off on a tour of the public authorities to popularise this Bill. His reception by the first one or two was sufficiently bad to put him off the tour and a member of the Department took up the running. From both—I take it the Minister accepts responsibility for what the head of his Department said—we get this estimate of cost: it was not going to be less than 2/- in the £ on the rates, which would pay half the cost of the service. The other half is to be found some way. If it is going to be found by the people who were in the mood they were in at this time last year it will be found in another cut of the subsidies, so thatwe will have 2/- in the £ on the rates and the rest provided in some other way, but possibly by a saving on the breadstuff of the community.

A sum of 2/- in the £ may seem a small amount. Deputy McGrath, as Lord Mayor of Cork, has recently succeeded in putting 5/- on the rates, plus an extra 6d., and I suppose that the addition of 2/- will not loom very large in the eyes of the Cork ratepayers, if they can tolerate the 5/6 which is going on this year. We are to have 2/- on the rates, and the service then is to depend to a great extent upon the health authority, the county manager, or, in places like Dublin, the city manager. Under certain parts of this legislation, the county manager is to decide who will pay the two guineas and to whom may the two guineas be remitted; he is going to decide on the type of medical service that may be given to certain people, and when the patient goes freely to the doctor of that patient's choice, and that freely-chosen doctor thinks of sending his patient to a hospital where he thinks that person will get the medical attention that person requires, the county manager can say: "No; you are going to another hospital. I will not let you go where your medical attendant desires you should go." Again, in the background of it all, wherever the county manager directs any patient, that patient, arriving anywhere is shown up to the public ward. For 2/- on the rates, we are to get a free public ward treatment—2/- on the rates as to half the cost, and possibly a cut in subsidies to provide the rest.

I think there are certain people in this House who have a great right to complain at this moment. I have no doubt that, when certain people, in complete defiance of their election promises, last year walked into the Division Lobby to support a Budget which cut subsidies, after these people had made promises to maintain and increase subsidies, the way they were brought to vote for that cut in subsidies was the consideration offered of a good health service later in the year.Let them now go to their constituents and tell them that their bread, their butter, their tea and their sugar are all increased in price, and that now the consideration has got to come, if the Minister can get over the objections of the Hierarchy. The consideration is going to be a service at the disposal of the county or city manager; under his control, under that layman's control, controlling sometimes the doctor and certainly always the hospital, with, at the very best, the offer of a public ward when the patient eventually arrives at the hospital.

In any taxation, one has to relate the incidence of the taxation to the service given. The community under this legislation is divided into three groups: the low income group, the middle income group, and the rest. The middle income group, I see, is at the very amazingly low level of a maximum at the old-time rate of £240 a year salary. These people are going to pay and it has been pointed out that they will likely pay three times—once, to provide the service for those who are destitute; secondly, on the basis that they are providing a service for themselves; and thirdly, for the service they actually will provide for themselves.

Free choice has been commented on by so many people that I do not want to stress it or criticise to any great extent. May I say simply this, that the free choice is not a characteristic of this measure? There is, in fact, no free choice. There is a free choice under very limited circumstances amongst a certain number of what are called participating doctors, but to describe that as freedom of choice to the patient is taking the words completely out of their context and distorting the plain meaning of plain words.

So far as the lower income group under this legislation are concerned, they will get no improvement. It has been put here, and there is force in the argument, that they will have their conditions disimproved, because they will find the hospitals, the institutions, the public wards in which they used to get their treatment crowded out by new applicants who will reluctantlyhave to avail themselves of services they do not want because they have been made pay for them. The middle income group are not getting any treatment—the treatment they expected or were accustomed to get. They are not getting the treatment given in England where the health service is open to those who go to a private or semi-private home. How it is to be paid for, I do not know. Deputy McQuillan has made the suggestion that farmers ought to be made pay according to their valuations, and the Minister may take note of that.

There is nothing disgraceful about public wards, and 75 per cent. of the people of Ireland use them. You are trying to draw a class distinction between different sections of our community.

I am not trying to draw any distinctions.

What is wrong with the public wards? Is the treatment there not all right?

I do not think it is. I think we should try to improve the public wards.

I agree with you.

You are not doing it by——

You are not doing it by suggesting that the fact that 75 per cent. of our people use the public wards should be regarded as a disgrace to the community.

It is a disgrace if they are treated in that way, but that is what we are doing.

We are making an effort to do it and not making a disgrace of ourselves as you are.

Where is the effort in this legislation to improve public ward conditions? I await an answer from Deputy McQuillan or Deputy Carter. Where is there in this legislation any effort to improve the public ward conditions? I take it that it isaccepted there is none, and I object to that. I think an insurance scheme could help to improve them and leave the public wards bereft of a lot of people who are going to crowd in to them in the future and pay for them. You could improve conditions in the public wards if you got the crowded conditions relieved, and you could then get the medical people to get the service in them they would like to give but cannot give under the crowded conditions in these wards. The farmers, Deputy McQuillan thinks, ought to be taxed.

No. It was Deputy Costello who said that farmers are driving around in Chryslers.

Mr. Costello

I said nothing of the sort.

You said that farmers with valuations of £50 were driving around in Chrysler cars.

Mr. Costello

I said nothing of the sort.

Deputy McGilligan had better lay off me.

I will not, indeed.

These interruptions must cease. Deputy McGilligan is in possession.

Deputy McQuillan ought to realise that it is only at one remove that he is getting back at me by saying untrue things about Deputy Costello. I have the quotation from Deputy McQuillan. Is it wrong? The farmer must pay according to his valuation. Is not that right?

What is wrong with the statement I made?

The statement made is that farmers, big and small, will pay according to their valuation. That is the Deputy's contribution. I hope he will be able to get that across in Roscommon.

A farmer of £10 valuation on that basis will pay £1 per annum.

What is he paying at the moment?

He is paying £70 for maintenance in the hospital and 100 guineas in Dublin. He will not have to do that under the provisions of this Bill.

He does not have to pay that in Cork.

I would like to meet the farmer with a £10 valuation who paid 100 guineas to a doctor.

I will show you a bill.

100 guineas from a farmer on a small holding down the country?

Deputy McQuillan will not be permitted to interrupt further.

The bill given by one of the surgeons in Dublin for an operation was for 100 guineas.

Four doctors and £40 was paid.

I can give you a single bill for 120 guineas for a head operation, an operation which should be carried out on some of the Deputies here.

Let us stick to the one—the throat operation.

A bill for 100 guineas was handed to that family. The patient died.

Four doctors and £40 was paid.

That is wrong. The bill from one surgeon was for 100 guineas. That was his fee.

It included the others.

How much was paid?

I am not concerned with that. What I am concerned with is that the surgeon in question tried to impose his own means test and screw all he could out of the smallholder. We will get away from the doctor imposing his own means test under this Bill.

He was paid £40 and he paid the other three in respect of a throat operation—cancer of the oesophagus. The Minister knows what that means.

The principle is here. Make the farmers, large and small, pay according to their valuation. Will the Deputy accept that as his statement?

A White Paper put the population in two big groups. According to the White Paper dealing with health services, one-third of the population was availing itself of the destitute public assistance type of medical service. I understood there was some catch in the phrase "availing itself" and that it meant that people were getting the service who were not entitled to it but the Minister said that one-third of the population were entitled to it. The definition for public assistance covers those people who cannot by their industry or other lawful means pay any part of the essential health services they require. We have 1,000,000 out of 3,000,000 of the population who are in that condition. In the position that one-third of the population cannot provide any part of the health services they require this Government produced the White Paper in 1951-52, and last year cut the subsidies that were given for foodstuffs on the plea made by the Minister for Finance that the people were too well off. He said their personal salaries and incomes had gone higher than the increase in the cost of living since 1939. On that he swayed people in this House to vote for increased cost of the foodstuffs of the people.

One-third of the population are in the destitute condition of being unable by their own industry or lawful means to provide their health services. On that basis, we are trying to build what are called improved health services andthe improved health services consist in sending the rest of the community, the middle income groups and others who can avail of these services, down to the conditions applicable to the destitute. That is brought forward as something we should be proud of and something that marks progress.

I have already remarked upon egalitarianism at this particular level. It is egalitarianism to be carried out under the local authority. Again, I want to know why is there this insistence on the county manager handling everything in this legislation? The county manager is a political appointment, so to speak, inasmuch as he is appointed by the Government and members of the Government. He is certainly, when appointed, a servant of the Government. What is the necessity for throwing into the hands of an uninstructed layman—he must be uninstructed in regard to health—the control of these intimate matters in regard to mothers and children and the ordinary health services? I have yet to hear some explanation as to why a county manager or a city manager is picked out to shoulder this responsibility. It is certainly not copying the English situation. In England there are a number of boards. There is a central health service council composed of almost 40 people. Again, you have hospital boards. Why are we excluding under this measure the people who know and why are we handing over the responsibility in all these health matters to the county manager? What special right has the county manager to decide what doctor a person should go to or whether certain medical services should be given to one person at one figure and to another person at a different figure. What is their discrimination likely to be? It would certainly be a question of the voting capacity of the people. They will certainly not decide on medical grounds, the only grounds on which they should be decided.

I ask the Government at this late stage in respect of a Bill that has no merits in itself, the matter of payment has not yet been disclosed and the full expenditure has not really been estimated and when the service, if availed of at all, that will be given is scandalous,to call a halt and consider this again in the light of Catholic social principles which we are told have been contravened in all this legislation.

For many years there has been a conflict between different people in the House—the people who favoured the extension of the State and State control and the people who disagreed with that, the people who had the view that it is better to have people operating on their own, to give them bigger salaries if possible to enable them to buy for themselves what otherwise they would have to get from the State. In 1950-51, there was a great issue at stake if it could only be recognised. The words used in an article in Christus Rexwere:—

"Whether we were to take this further tremendous stride towards the servile State, towards becoming a nation of well-fed, well-doctored, State slaves, or whether we were to solve our social and economic problems in a way that would leave us still free men."

Later on in that article it is said:—

"But in the name of common sense, what is the way to remedy that? Is it to turn the nation into one huge dispensary where no one is free—or rather to strike at the roots of poverty and so make every one free?"

Do we want State control, even supposing the citizens under this legislation —although I deny that—were going to be better doctored than they are at the moment? Is that a sufficient mess of pottage for which to surrender our ordinary birthright?

Is it right to turn this community into a huge dispensary? I know there are people who have a view against that. Deputy Dr. Browne, speaking at the week-end, said that "a group of people had been given an opportunity of carrying out a particular job over a number of years, but had failed. Now they, the representatives of the people, the State, felt that the group had done their best, but had not succeeded, and they were taking it over." Just casually like that, Statemedicine is introduced. There is a characteristic article in yesterday's Irish Times.We are told that “in any health legislation of this kind certain Christian principles must inevitably suffer”, so we are going to have progress at the expense of Christian principles. We know that the present Minister for Posts and Telegraphs, speaking not as a Minister in the year 1946, indicated a view which drew a leading article from theIndependentwith the heading: “Putting a Halo Around Bureaucracy”. I quote his view as something to which I have always objected. Deputy Childers was speaking as Parliamentary Secretary to the Minister for Local Government in Cork on the Saturday before December 3rd, 1946—this is the pagan doctrine of the Welfare State. He said that “paternalistic care of a community by civil servants, acting on instructions from a Government elected by the people, could alone preserve the fundamental freedoms and the sanctity of human existence.”

Now, that is the mentality that is behind this legislation, that the more the State takes over the better it is going to be for the whole of us. The present Minister for Posts and Telegraphs thinks it is the only way of preserving "fundamental freedoms and the sanctity of human existence". There are other views on that, views that have been given by any number of learned people on the moral law over the last two and a half to three years. The addresses which they have delivered have been issued in pamphlet form, and they speak of this sapping of the moral fibre and independence of the people and say that the people should be free in certain essential matters.

The present Minister finds himself in the same confusion as that in which Deputy Dr. Browne was two years ago. I would have though that he would have been glad enough to leave Deputy Dr. Browne a lonely figure representing proved incompetence in office. Responsibility was thrust too early on him, and he failed to take it. The Minister has not that excuse.The Minister is well versed in public affairs. He was in charge of the health legislation in 1947. He must have been aware of what the Hierarchy said to his Leader in 1947 about the legislation that he then introduced. Notwithstanding that, and notwithstanding the warning paraded here every day by Deputy Dr. Browne, the Minister decided to go along his own way, although I believe he was tutored. I believe that an attempt was made to guide him and to give him proper standards. He blundered along until he now finds himself in exactly the same position as that in which Deputy Dr. Browne was in two years ago. He has either to brazen out the health legislation that he has brought in or to make the amendments of principle that we suggested. We, as a Party, decided not to put forward any amendments because we felt that the legislation was so hopeless, so bad, so rotten and of such a low level that no amendment could improve it. On that attitude we have been justified by the events of the past ten days. How the Minister is going to get out of that, I do not know. I hope Deputies will take the one way they have, and that is to give no money for this legislation until we find that the legislation is inoffensive from certain angles, or until such time as we are in a position to give a better health service.

Is there any Deputy going to tell me that he is prepared to go to his constituents openly and, at a public meeting, tell them that he is going to vote to impose a rate of 2/- on that community, and then expose the weaknesses of this Bill and the services, the bad services, that are promised, even if they could be made work? I hope that this House will not give one penny piece of money for this legislation. I think it is bringing parliamentary institutions into bewildering contempt to ask money for legislation which we know must be radically amended before it passes the scrutiny of a Catholic people.

As I intend to vote against this Resolution, I should like to indicate briefly why I am doing so. This Money Resolution is to providesocial services for which I am convinced there is no popular demand, as far as my knowledge goes. Practically all sections of the community are confused as to why it has been introduced at all. I have grave doubts myself as to whether, if it had not been for the publicity it got two years ago, it would have been introduced at all. If I could get any evidence whatever, from any section of the people with whom I mix, that there was a genuine demand for such a service, I would be inclined to consider that demand and would probably favour it, but since there is no such demand, I am going to vote against the Resolution. Any scheme of this kind should, to my mind, be considered from the point of view of the capacity of the people to pay. Anybody connected with local administration must know that ratepayers everywhere are clamouring and protesting against the rising increase in local taxation. That situation is going to be very seriously aggravated if this legislation ever comes into operation. Speaking as a member of a local authority for the past 11 years, I could not, in the light of my knowledge and of my experience of the difficulties which ratepayers are enduring in order to meet their local taxation demands, morally or conscientiously support this measure. I could, perhaps, strain a point, or bring myself round to see the view for its necessity if I had any evidence whatever that there had been one single human life lost because of a patient's failure to obtain medical assistance. I do not have to be told, and neither does any other Deputy, the value of one human life, but no Deputy has attempted to bring forward any evidence whatever that one single human life has been lost because a patient was not in a position to pay for medical assistance.

I do not suggest for a moment that our present health services are perfect or perhaps adequate, but I do suggest that the system is there and that it works, and works reasonably well. I have grave doubt that the system proposed in the measure will remedy or improve that situation. In Roscommon and, I am sure, in every county any patient can obtain medical aid. Hecan obtain domicilary aid, and, if necessary, institutional aid. There is no question at the time when that attendance is required, whether at home or in the institution, as to the ability of the person to pay. It is correct to say that, afterwards, and investigation of means is made, and if it is found that the person is in a position to pay payment is demanded. If he is not in a position to pay the full demand, he is requested to pay what it is reasonably considered he can afford.

Under that system it is difficult enough to get institutional accommodation for all cases. Even in Roscommon, where we have a new, modern, well-equipped and well-staffed hospital, patients often have to wait perhaps a few weeks. What will be the position if this Bill is enacted and the rush on the institution which has been suggested here takes place? The very people who, it is suggested, would benefit by this Bill, will be the victims, and I have not the slightest doubt that what are now regarded as public assistance patients will be relegated to the background and others in more prosperous positions will get priority of accommodation.

With regard to the cost, it has been said here that if a man's valuation is £10 he will pay, in the first year at any rate, £1 per annum. That appears to be a modest sum but one must remember that, whether one requires medical treatment or not, he pays that £1 year after year. There are many people and families in this country who have never had recourse to medical aid either at home or in an institution. If it is admitted that in the first year of its operation the Bill will cost only about 2/- in the £, will it be suggested that when the extra hospital accommodation and the extra equipment and staff for those hospitals are provided it will then cost only 2/- in the £? I am sure the Minister would never put forward that contention. Those who have given consideration to the problem and who are in a position to judge this matter believe that when that accommodation is provided it will cost at least 5/- or 6/- in the £. Is that a burden which we can afford toput on local taxpayers when they are protesting that the present level of taxation is much too high?

I am not ignorant of the fact that there are medical men with specialist qualifications who demand very heavy fees. I admit that freely. I have heard it referred to before this measure was introduced. Other means can be found of meeting that situation. I do not think it is necessary to go to this extent. There must be some power vested in the Government, elected as it is on a democratic basis, to introduce legislation to restrain the rapacity of such ignoble members of a very noble calling. That should be stopped. It has been going on for a long time. I believe that the people who could be described as being rapacious are the exception rather than the rule. I have not any documentary evidence to prove what I am saying. Deputy McQuillan seems to have one or two such examples. I have been told that exorbitant fees have been demanded for specialist services. I am almost certain that they have never been paid, at any rate in full, because quite a number of people who have availed of such services would not be in a position to pay anything like those fees. No matter what happens to this measure, that practice should be dealt with.

Of course, it is very difficult in present circumstances to deal with this whole matter on account of the atmosphere of unreality that has surrounded it, particularly in view of recent developments referred to here to-day. We feel we are discussing something nebulous, something which will never come into operation or which, if it does come into operation, will be so altered by ministerial amendments as to be a mere skeleton of the Bill put before us. I find the greatest difficulty in discussing the question as it ought to be discussed.

References have been made to farmers of £50 valuation. I wonder if people realise what took place in regard to land valuations. In Roscommon the most absurd position exists with regard to valuations. You may find valuations up to £50 where the landholder could be truthfully describedas a poor man and whose economic condition would fully entitle him to free medical service. Valuation is no criterion. It is not a fair measure of gauging a man's capacity to pay. It is the most misleading basis you could adopt.

Very few of them have Chrysler cars. Is not that so?

I do not know of any farmer in Roscommon who has a Chrysler car, irrespective of his valuation, and I would certainly dissociate myself from remarks of that type. I have no hesitation in doing that. On the other hand, a man's valuation may be only £10 and he may be able to buy a motor-car. In my experience, valuation works out very inequitably and is rather a bad basis to adopt. I certainly would not allow anybody to get away with the idea that there is such a thing as a wealthy farmer of £50 valuation. Such a farmer is comfortable, if he is hard-working, as practically all such farmers are. He is just comfortable enough to get along and pay his way. That is something every one of them wants to do.

Whether a man's valuation is £50 or £100 or whether he has £1,000 a year, if he requires medical service and if his circumstances prevent him from paying for that service, the service should be provided. That is the whole point.

I have no intention of entering into the moral issues involved in this Bill. I leave that to other and more highly qualified people. I have no doubt that the present Government will seriously consider it and make the necessary alterations in anything that is repugnant to the teaching of our people.

I have two reasons for opposing this Money Resolution and I hope to be very brief in putting them before the House. My first and main reason for opposing the Resolution is the cost of it. Ever since the days of the advent of the inter-Party Government we heard nothing but "the increased cost of living,""everything has gone up in price". Ever since the days of the advent of the present Government we have heard nothing but "the scarcity of money,"and "the increased unemployment." I can assure the House that our people are looking for legislation to curtail the cost of living and to give us more employment, not for legislation to increase taxation, such as we are getting under the present Bill.

Deputy Larkin has summed up the Health Bill when he says that it is not a Health Bill out merely a Bill enabling the Minister to make regulations governing the health of the people. That is really what it does. Is it right for this House to pass on to any Minister the powers to make those regulations? If we know what they are, why not incorporate them in the Bill? If we want money to implement this Bill, why not tell the House the amount that is required? I notice that my colleague, Deputy Cunningham, said the other day that an assurance had been given that the passing of this Bill would not mean an increase of more than 2/- in the £ in local taxation. I have read the Bill, I have read every word said by the Minister, but I can find no undertaking given that local taxation will not exceed 2/- in the £ for this measure. I live in a constituency where the rates are now about 37/6 in the £. Add a minimum of 2/- to that and where are the people going to find the money? In the Six Counties, public health at the moment costs £8 per person—per man, woman and child—per year, and if we pass this Money Resolution we may find ourselves in exactly the same position as the ratepayers of the Six Counties.

There is another aspect to the Bill which we should consider and that is the handing over to county managers of all executive authority as fully described by Deputy McGilligan. At the moment county managers have that authority for T.B. and we should inquire into that and see how they are using that authority. I will give an example of a case in my constituency which was recently brought to my notice. A local dispensary doctor diagnosed T.B. in a patient who was living on an island. Unfortunately owing to inclement weather it is not easy to get patients from the island to the mainland and he advised the patient to take the first available opportunity oftravelling to Letterkenny and being X-rayed. That patient duly turned up at Letterkenny for X-ray purposes but was informed there, on the instructions of the local authority, that such X-ray could not be proceeded with unless the patient was willing to pay for the X-ray himself.

That is right. We want to change all that.

Remember that is under the recent Act introduced by Deputy Dr. Browne.

No. It was not T.B., it could not be; it is free for T.B.

Bear with me one second. That patient had to return to the island and make an application to the county manager——

That is right.

——and then await his turn before proceeding to Letterkenny.

Should we not change all that?

Are you not going to give the same powers to the county manager? Why not leave them in the hands of the dispensary doctor, the man who knows his patient much better than the county manager?

Of course. That is what we are doing.

That is not what you are doing under the Bill. Again I say that the Minister knows as little about the Bill as I do and that is very little. I am afraid.

The dispensary doctor should have applied in that case before the patient went. Then there would have been no difficulty.

Supposing for a second that he does what the Deputy desires and the doctor applies to the county manager. The county manager then investigates the means of the patient. This is a difficult island to get out to and the patient may wait for a month before the investigationofficer—or the relieving officer, as he is known there—arrives at his place to find out the number of hens and cattle he has.

No, no, not for the T.B. service, for which there is no investigation.

He has got to find out what the patient can pay.

Very good. Then why put it through the county manager at all? Why not let the dispensary doctor do it?

That must be a shocking place, with a shocking county manager.

The system is shocking, but you are not going to improve it under this Bill.

The Deputy objects to changing it.

You are not changing it. It still leaves the executive powers with the county manager.

You cannot have it both ways.

I do not want it both ways. I say leave it to the dispensary doctor to decide and if he decides that the patient should be X-rayed immediately, let that be done.

That is what we are doing here.

You are making the county manager decide.

To pay for it. Someone must pay.

Let the county manager pay.

But the dispensary doctor must still put the application through the county manager.

The county manager must decide.

No. The medical officer must decide.

How does the Minister want it?

The medical officer must decide.

The county medical officer?

The dispensary doctor, or the private doctor.

Therefore, you are going to leave it to the dispensary doctor to apply the means test?

There is no means test for the X-ray.

All the dispensary doctor has to do to get any patient X-rayed under the T.B. scheme, whether a public or private patient, is to hand him a note, a special health note issued by the county medical officer of health, filled in, and then the patient can go straight to the hospital and be X-rayed immediately and need not go to the county manager.

I do not wish to contradict the Deputy, but I have here in my attaché case a letter from a patient who arrived at the hospital on the instructions of the local dispensary doctor and who was there and then told he could not be X-rayed unless he paid for the X-ray.

Was he sent in as a suspect of T.B.? Was it under the T.B. scheme?

That was absolutely wrong, so.

I am merely giving facts. These are facts.

Are we not publicly advertising in Cork and elsewhere for people to come in to be X-rayed free?

But remember we are tying so much red tape around it that we cannot get out of it. Why not leave it in the hands of the dispensary doctor?

That is what we are trying to do.

That is what you have succeeded in not doing. There is the difficulty. Now, there is another matter to which I would like to refer. The Minister has gone down the country and consulted the local authorities on this matter. He has consulted representatives of the various political Parties on the local authority. For what purpose? For the purpose of finding out if the local authorities have any objection to paying a local contribution to implement the Bill. Why does he not go down the country and consult the people who are going to operate the Bill, namely, the medical officers, the dispensary doctors; or, if not them individually or collectively, why not consult the council, the medical council set up by them?

I have consulted them.

Have you accepted their advice?

No. I am not bound to. Am I bound to accept their views?

No, I am not suggesting that you are; but have you accepted any person's advice?

I am killed with advice.

That is just the trouble. I would respectfully suggest to the Minister that these are the people that he should consult first of all, the people going to operate the Bill, the people going to benefit, if one may use the expression, by the Bill. If he consults them, between that and the advice tendered to him by the various Parties, he may get somewhere. But I say to him still, as I said when I opened my remarks, that it is better to provide employment for the people.

I agree.

It is much better to spend the money allotted for this Bill on employment, rather than on this Bill. I move to report progress.

Progress reported; Committee to sit again
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