I wish to share one minute of my time with Deputy McGrath.
Adjournment Debate. - Hospital Doctors.
Is that agreed? Agreed.
Senior medical personnel throughout the country are issuing serious warnings that vital hospital services in a wide range of medical specialities could be seriously curtailed if hospitals cannot attract the necessary number of junior doctors as vacancies arise. Because of the problems experienced by junior doctors, such as long hours and inadequate training, a serious situation is arising whereby hospitals are finding it difficult to obtain a response to advertisements inviting applications for junior hospital doctor posts. In some cases, there were not any applications. A crisis will arise in July when many of these posts become vacant. For that reason, the Minister for Health and Children must address the justifiable grievances of junior hospital doctors.
A serious situation is becoming even worse because rigorous immigration procedures are adding to the crisis. A number of non-EU doctors currently working our hospitals have claimed that the Department of Justice, Equality and Law Reform's immigration rules are preventing them from bringing their spouses and families into this country. They have warned that this policy will discourage non-EU doctors from accepting hospital posts here. In the face of an increasing shortage of junior hospital doctors, the IMO has stated that the Department of Justice, Equality and Law Reform's attitude will lead to a worsening of the position. That organisation has already supported a number of junior doctors in their dealings with the Department in question.
I am familiar with a doctor working in a Dublin hospital and another working in a hospital in Cork whose applications to the Department of Justice, Equality and Law Reform to bring their families into this country have been rejected. They are well qualified people who entered Ireland in a legal way and they are providing a very valuable service. The Department of Justice, Equality and Law Reform's guidelines for overseas workers state that spouses must wait one year before they can apply for visas. However, each case should be taken on its merits. Doctors working in vital positions in our health services where crises may occur should be offered a degree of flexibility by the Department of Justice, Equality and Law Reform. Furthermore, the Minister for Health and Children should work in a co-ordinated way with the Minister for Justice, Equality and Law Reform on this issue.
I ask the Minister for Health and Children to investigate serious allegations made by a non-EU doctor against the medical council. The individual in question, having completed his basic surgical training in Pakistan passed his surgical fellowship from two royal colleges a year ago and applied for registration with the general medical council in the UK as well as the Medical Council of Ireland on the basis of his higher surgical diplomas, received an application from the GMC in the UK stating that he could apply for a training course post and when offered it, could have his registration within five working days. He was not asked to pay any fees or provide any additional documents, other than those relating to his medical qualifications.
On the other hand, the Medical Council of Ireland asked him for a £400 fee which was non-refundable before it would process his application and sought many other documents. He then had to wait a month before a decision was reached on his application. At that stage he was informed that it had been rejected on the grounds that his diploma had not been conferred. He was informed that he would have to wait four months before his diploma was conferred by the awarding college. A friend of the man in question, who found himself in similar circumstances, obtained his registration almost immediately. The difference was that the second man was an EU national.
These are two examples of impediments being placed in the way of doctors trying to enter this country and, in addition to the long working hours and the awful pressures faced by junior doctors, they must be addressed. This matter was raised in the Irish Medical Times recently and I hope the Minister can provide answers in respect of it this evening.
I thank Deputy Allen for sharing time. I am aware of a doctor who recently obtained employment in Mullingar General Hospital. His wife applied for a visa to enter this country to be with her husband but her application was refused. The man subsequently contacted me and I, in turn, contacted the Minister's office but, on appeal, the visa application was refused. That makes a mockery of Article 41 of the Constitution under which the State guarantees to protect the family as the necessary basis of social order and indispensable to the welfare of the nation and the State. The Article proceeds to deal with the role of women in the home and so forth. If this Government is to uphold the Constitution as it should, it cannot act in such a cavalier way in relation to the spouses of people who have entered this country with proper work permits. That is a mockery of the Constitution. It is indicative of the Government's attitude to non-EU nationals and people who seek to work here. It is disgraceful.
I am disappointed with the attitude of the Minister for Justice, Equality and Law Reform to date but perhaps the Minister for the Marine and Natural Resources will have better news.
I understand from the Minister for Justice, Equality and Law Reform that Deputy Allen is one of a number of public representatives who have raised this matter with him in recent weeks and that the Minister has addressed this question in responses to parliamentary questions, including in a response to a question which the Deputy should have received today.
On behalf of the Minister, I am pleased to respond further to the matters raised by both Deputies. At present, the policy applied by the Department is that a person who requires a visa may join a spouse who is in possession of a valid work permit once the worker has become established in the State, usually after 12 months, and is likely to be here for at least a similar period, provided the person is in a position to support his or her family members without recourse to public funds.
This policy is not new nor does the Minister believe it is unreasonable that a waiting period should apply. It enables a more informed decision to be made regarding the person's prospects in Ireland and, in particular, whether they are likely to become established here. Clearly, the Minister is concerned that were a person's family to join him immediately and he then lost his job or otherwise became a burden on the State, the costs involved would be likely to be higher and the prospect of securing the person's departure lower given that his family would have settled here and formed links.
The Department applies a similar approach in respect of the visa required by family members of temporary registered doctors. Such doctors do not require a work permit to take up medical appointments here and are generally granted temporary registration by the Irish Medical Council for six months at a time. The Minister is conscious that such doctors are also generally working on contracts of six months' duration. It is conceivable, therefore, that a person might experience difficulties in renewing either his registration or his work contract and that such difficulties would be most likely to come to light in the first 12 months of the person's residence.
Ireland is not unusual in applying waiting periods of this nature. Many other EU states apply similar or longer waiting periods to all non-EU nationals, not just those from visa required nationalities. The Commission's recent proposal for a directive dealing with family reunification makes specific provision for states to apply a waiting period of up to 12 months before accepting an application for family reunification from a third country national residing in their territory.
The Department's policy in this field is currently under review. Some exceptions are already made in certain areas of extreme skill shortage, notably the IT sector. Such exceptions are generally made on foot of representations or advice from competent bodies such as the State develop ment agencies, as neither the Minister nor his Department regard themselves as having sufficient specialist knowledge of sectoral labour market conditions to draw conclusions in this regard.
Similarly, the question of skills and labour needs in the health sector is not one on which the Minister believes he can make informed comment. However, his Department has not received representations from the Department of Health and Children in so far as facilitating temporary registered doctors is concerned.
That is amazing.
I have listened carefully to the points made by the Deputies in relation to the health sector. The Minister has advised me that he is prepared to seek the observations of our colleague, Deputy Martin, on these issues and whether a change in the Department's approach would be likely to contribute significantly to meeting skills needs. The Department's policy applies to a range of different professions and the Minister must take into account the implications for all categories of applications. He must also devise a policy which will be sustainable in labour market conditions which are less buoyant than those which fortunately apply today.
I convey the Minister's assurances that his review of this matter will be concluded in the near future. He thanks the Deputy and others who have raised the issue with him.
It is amazing that the Minister for Health and Children has not communicated with the Minister for Justice, Equality and Law Reform about this. He must be aware of the staff shortages in the health service.
The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 5 April 2000.