I have some reason to believe——
Ceisteanna—Questions. Oral Answers. - Irish Medical Association: Attitude to Vacant Posts.
The following question appeared on the Order Paper in the name of Deputy G. Boland: 5. To ask the Minister for Health whether, with reference to the statement in the current issue of the Journal of the Irish Medical Association that no ban exists on certain posts, he is aware that at a meeting in November last at Athlone of a member-group of the Association at which the dismissed County Surgeon, Mallow, was present, it was decided to continue to ban and proscribe all vacant posts as county surgeon; and whether, in view of the fact that the memorandum of association of the Association provides that it shall not support with its funds any object or endeavour to impose on, or procure to be observed by, its members or others any regulation, restriction or condition which if an object of the Union, would make it a trade union, he will make a statement on the matter.
On a point of order, who puts this Question?
It is on the Order Paper.
It has to be asked.
I ask the Question on behalf of Deputy Boland.
So long as the Minister himself does not ask it on behalf of Deputy Boland.
I have some reason to believe that the position in regard to the meeting of the County Surgeons' Group of the Irish Medical Association, last month at Athlone is as stated in the question.
The Memorandum of Association of the Irish Free State Medical Union, now the Irish Medical Association, contains a proviso that the Association—
"cannot support with its funds any object or endeavour to impose on or procure to be observed by its members or others any regulation, restriction, or condition which, if an object of the Union, would make it a Trade Union."
As a layman, I would assume that in view of the proviso which I have just quoted, the action believed to have been taken at the meeting was ultra vires, that any person adversely affected by the boycott may have grounds for legal action. that those present at the meeting probably have not the protection of the Trade Union Acts, and consequently were acting on their own personal responsibility because the Association is expressly debarred from indemnifying them against the consequences of their action. Indeed, in my opinion, it would be prudent for any person engaging or proposing to engage in this kind of action to consult his lawyer as to his position.
Would the Minister state whether or not, before he delivered that reply, he took the advice of the Attorney General or any other legal authority advising the Government?
If the Deputy will read the reply, he will see that I was speaking as a layman.
Would the Minister say if this meeting was an official meeting of the I.M.A.? Can the Minister say that?
That question was not written down beforehand.
Order!
Can the Minister say——
Who is the Minister for Health in all this business?
Apparently, Deputy Dillon thinks he is.
That is because you are shedding your authority and shirking it and handing it to Deputy O'Malley.
The Minister should be allowed to answer the supplementary question.
I am not prepared to state whether or not this meeting was official. I am not on the council of the Irish Medical Association.
Is the Minister aware that this county surgeon, who was dismissed from his post as a result of neglecting the treatment of the holder of a medical card, as a result of which neglect he died, appears now to be dictating the policy of the Irish Medical Association? Is that not the position?
I am not in a position to answer, but he who runs may read.
Will the Minister say whether, in his considered opinion, relations between his Department and the Medical Association and doctors in this country are assisted by the type of questions which have been put down here for the past month or so by Deputies of the Fianna Fáil Party?
That is a separate question.
It is a very pertinent question.