asked the Minister for Health if he has satisfied himself regarding the disciplinary procedures for staff working in psychiatric hospitals; and if he will review this procedure with particular reference to ensuring that salaries will be paid to staff who are subsequently reinstated or that staff would not be suspended until a full adjudication had taken place on their case.
Ceisteanna—Questions. Oral Questions. - Disciplinary Procedures.
16.
Suspension of officers of health boards is provided for in Section 22 of the Health Act, 1970. Suspension arises only where the chief executive officer has reason to believe there has been misconduct or that the officer is unfit to hold office. It is a step taken only where there are serious grounds and only following consultation with the chairman or vice-chairman of the health board. In cases of suspension, the matters requiring investigation are of a serious nature and it would be inappropriate to delay the suspension of an officer pending full adjudication on them.
The Act provides that, on termination of a suspension, the salary may be restored by the chief executive officer or, in the case of suspension of more than one month's duration, by the Minister. Provision is also made for ex gratia payments during the period of suspension.
The disciplinary function must strike a reasonable balance between the welfare of patients in the care of health boards and the legitimate interests of staff members and employers. I know that health board managements take their responsibilities in this regard very seriously. I have no proposals to amend the legislation which is similar to that applying in other branches of the public service.
Would the Minister not consider amending the relevant procedures so that staff who, after the process of adjudication, are reinstated and who have had a slur cast on their names and who have had that rectified, would be paid for the period during which they were suspended to make good the wrong done them? This question arises out of a particular incident, of which the Minister is aware, in relation to a psychiatric hospital in Clonmel. Would he review the procedures arising out of that case and the unions concerned in those procedures?
There is provision under the existing legislation, where no evidence of guilt is found following an investigation, that an officer's suspension is terminated and his pay for the period of suspension may be paid to him.
The wording is not that it "shall be" paid but that it "may be" paid at the discretion of the Minister or the chief executive officer. Would the Minister not consider amending the wording to read that it shall be paid? Would he also consider not taking precipitate action in advance of any decision being taken to suspend a member of staff, until an adjudication process has been completed?
The legislation is similar to that applied throughout the public service. It is a delicate balance but is an important one between maintaining the welfare of patients in the care of health boards and the legitimate rights of their staff.