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Dáil Éireann díospóireacht -
Thursday, 29 Jun 2000

Vol. 522 No. 4

Medical Practitioners (Amendment) Bill, 2000: Second and Subsequent Stages.

I move: "That the Bill be now read a Second Time."

The Bill amends section 29(2) of the Medical Practitioners Act, 1978. The purpose of this amendment Bill is to extend the temporary registration period, as set out in section 29(2) of the Medical Practitioners Act, 1978, from an aggregate period of not more than five years to an aggregate period of not more than seven years. It is intended to do this to ease recruitment and retention difficulties being experienced by hospitals of non-consultant hospital doctors.

From 1 July, some hospitals are experiencing difficulties in securing their required number of junior doctors. This amendment will remove one of the obstacles in that it will allow doctors who may have had to leave the country, to remain here and thereby ease some staffing difficulties.

The staffing requirements of hospitals and the deployment of staff within hospitals is a matter for local management having regard to the services which hospitals are expected to provide. There are particular staffing difficulties being faced by the health services at present across a wide range of areas, particularly in the medical, para-medical and nursing areas.

Action is being taken on a number of fronts to address these difficulties. However regarding the medical staffing of hospitals, the issues are currently being addressed by the Medical Manpower Forum. With particular regard to non-consultant hospital doctors, the forum is seeking to redress the imbalance between career posts and training posts, the need to improve post-graduate medical training to keep more Irish medical graduates in the country and the need to look at the position of women in medicine in Ireland with a view to redressing the number who leave medicine. The Medical Manpower Forum is due to publish its first report shortly.

Health service employers and the Health Service Employers Agency are continuing to monitor the take up by non-consultant hospital doctors of employment offers made for 1 July 2000. The situation is likely to remain fluid until then as an NCHD may have an offer of employment from more than one hospital. I expect further positions to be filled up to and after 1 July. Hospitals are exploring different options in an effort to ensure that essential posts are filled. In the event that some posts remain unfilled, hospitals will be asked to ensure that essential and critical services are not affected. With the full co-operation from all concerned, and a commitment to making the best use of available resources, the effect on services can be minimised.

As I have said, while the primary responsibility for the staffing of hospitals rests with hospital management, I am seeking the co-operation of the Opposition in amending the Medical Practitioners Act, 1978, to extend the period of temporary registration for NCHDs from five years to seven years. I commend the Bill to the House.

As I informed the Minister earlier this week, the Fine Gael Party will not oppose this measure. The measure is a symptom of everything that is wrong with the health service.

There are major structural problems in the context of the staffing of the health service. For far too long, those problems have not been addressed. We have been told that the Medical Manpower Forum will bring forward proposals which the Government will consider. The Medical Manpower Forum was originally scheduled to bring forward those proposals by the end of December 1999. Ever since December 1999, whenever I, Deputy McManus or other Members of this House raised questions about when the report will be seen, we were told it will be seen shortly.

I do not know the reason for the delay within the forum. It is rumoured that there are major disagreements within the forum as to the proposals which should finally be recommended to the Minister but it seems that until we see this report, the Minister and the Department are paralysed by an inability to address the major staff difficulties in the medical area in the context of the hospitals.

For a number of months I have been predicting that we will have difficulties on 1 July with NCHDs and that posts will remain vacant. Other Members of the House have made the same prediction. The Irish Hospital Consultants' Association and the IMO issued similar warnings. The only people for whom it seems to have been a surprise are the Minister, the Minister of State and those in the Department of Health and Children.

Right up until the end of May we were being assured that difficulties will not arise on 1 July. As we entered June, we were told there could be one or two vacant posts in anaesthesia. We now know, one working day from 1 July, that there are in the region of 135 vacant posts and it is likely that they will remain vacant. We know there is a major crisis in the area of anaesthesia, that hard-pressed doctors working in accident and emergency units in a number of hospitals will lack the additional doctors and that posts will remain unfilled within those units from 1 July. It is not good enough.

This measure could and should have been brought before the House months ago. Many non-EU junior doctors will have known from the beginning of the year, or at least from March, that their five year temporary registration would be expiring, and they will have made arrangements to take jobs outside the State from 1 July. My understanding – the Minister of State can confirm this – is that no more than 20 doctors may retain their posts or obtain new ones in the State as a result of this provision. The Bill should have been brought before the House months ago to address this issue in so far as it can be addressed. I appreciate that my time for speaking is limited and I have, in the context of comments on this issue elsewhere, listed many of the hospitals which are now in difficulty as a consequence of staff shortages in terms of non-consultant hospital doctors which already exist or will exist from 1 July.

If additional junior doctors are to be attracted to the State from non-European Union countries, it must be ensured that they are shown the respect to which they are entitled and that the conditions under which we expect them to work are reasonable. It is an outrageous and racial discrimination which should not be tolerated that non-EU doctors who have temporary registration, who are given posts in this country on whom our medical services depend if they are to function properly, are not, for the first year they work in this State, allowed to have their spouses and children join them. It is an indefensible provision to have in place. I raised this previously with the Minister for Justice, Equality and Law Reform and with the Minister for Health and Children, and I was told it was being examined and reviewed. I fail to understand why any doctor coming from outside the European Union, who legitimately comes to Ireland to take up a position which has been offered to him, who has temporary registration and has been given whatever visa is required, should be told that he cannot bring his wife and children with him to the State. That is intolerable. Even if there were no shortages, that should not be tolerated.

In the context of the urgent need to recruit additional junior doctors, I urge the Minister of State to speak with his colleague in the Department of Justice, Equality and Law Reform and ask that this issue be addressed and resolved immediately. If it is, additional applications may be made to come to Ireland by young non-consultant hospital doctors from outside European countries and it is possible that posts which will be vacant on 1 July will be taken up later in July or in August. When foreign doctors from outside the European Union come to this State, there is no reason the job they are offered should not be family friendly. I would love to hear a rational explanation from the Minister of State in his reply as to why we preserve this appalling discrimination. If we were told that people of Irish nationality who took up medical posts in the United States were forbidden to bring their wives and children with them, there would be an outcry. Representations would be made by the Department of Foreign Affairs and we would be looking to friendly Senators and Congressmen to raise the issue on Capitol Hill. I cannot fathom why we keep the provision in place.

I could say much more but I appreciate that this is a brief Bill which briefly addresses an issue that requires to be addressed. The other issue that requires to be addressed is to ensure that we take a radically different approach to our medical education system. A number of doctors from European Union and non-EU countries would come here if they felt that the training they would receive in some of the hospitals which have vacancies would be up to scratch. That is a fundamental issue which professional bodies are taking much too long to address and the Minister of State should kick them into action.

This is the last speech I will deliver in the House as Fine Gael spokesperson on health and children. I have found that I have a great interest in the brief. I was grateful to be asked to deal with health issues. I hope I have raised issues which needed to be raised in a constructive way and that, where I criticised Ministers or Ministers of State, it was understood I was doing so in the context of representing the public interest and seeking to ensure that areas within the health service and relating to child care which I believed were not being adequately addressed would be addressed. I wish the Minister, Deputy Martin, and the Ministers of State, Deputies Moffatt and Hanafin, well in their briefs for the rest of the lifetime of the Government. I hope some of the badly needed reforms in the health service which we regularly debate in the House will be brought to fruition.

I say to the officials of the Department of Health and Children that I have at times been critical of the Department because I sincerely believe it is a Department which needs restructuring, additional resources to provide the type of service necessary and reform of the information technology units. The fact that the Bill was introduced at the last minute is yet another example of the difficulties experienced by the Minister in the Department in keeping track of where crises arise in the health service. I wish the officials of the Department well in their work in years to come.

I do not recall debating a Bill which includes the change of one word. Deputy Shatter has had his final word as spokesperson on health and children for Fine Gael. I wish him the best in his new portfolio as spokesperson on justice, equality and law reform. I should wish the Minister for Justice, Equality and Law Reform the best because he will need all the resilience he has. Deputy Shatter has fulfilled his obligations as health spokesperson energetically and with great intellectual vigour. We will miss him but I am sure it will be to the gain of the justice area.

The Labour Party supports this amending legislation, for which we called. We regret it has taken so long for it to come before us and are highly critical of the circumstances surrounding its introduction. The medical manpower crisis is in full spate. There were many early warnings from the professions, the Opposition, myself and the Labour Party, yet, astonishingly, it has taken until now, when the crisis has taken hold, for a response from the Minister of State and the Department. That is an indictment of the diffi culty experienced by the Department in responding when there is a need, despite it being staffed by what I am sure are well-meaning, highly qualified and committed people. We are witnessing the fallout from the failure to address the need for fundamental reform of the operation of hospitals and the relationship between them and the Department.

This proposal will only make a marginal difference. Smaller hospitals are inevitably being affected by the medical manpower shortage. Today, we have the example of Naas hospital, which is very busy, experiencing critical difficulties. Some of my constituents attend Naas hospital. It has not received much attention in the past but, fortunately, the rainbow Government gave a commitment, which is being followed through, for a major new project there. However, the immediate problem still exists. This could have been dealt with if the Minister for Health and Children, the Medical Council and the hospital management had met earlier. It is regrettable that patients are bearing the brunt of a failure on the Minister's part.

I do not think anyone would want to deny or take away the right of the Medical Council to protect excellence within the service and proper standards. However, it is clear that the financial requirements may be putting an obstacle in the way of non-EU doctors choosing to come here. I understand the British equivalent of the Medical Council carries out its procedures and examinations in the place of origin, which I would have thought we might be able to do here in the interests of Irish patients.

Obviously, the Minister's focus should be on dealing with Irish trained doctors. I understand the wastage of medical graduates not staying after qualification at the moment is approximately 20%. A similar leaching is taking place in the nursing profession. It is very worrying that we are putting great investment into training doctors. We have no shortage of educational establishments. One of the points frequently made in the past was that we are training too many doctors. However, we are losing a great many of them. The previous Minister, Deputy Cowen, said that approximately 60% of graduates emigrate. Not all of them emigrate permanently, but that is an indication there are not sufficient attractions to hold doctors here, both in terms of pay and conditions and, in particular, the training programme and framework within which they can function and develop their skills.

Our public system is still too dependent on the NCHDs. I was struck by the Minister's answer yesterday, where he pointed out there was a shortage of approximately 132 junior hospital doctors but also an equivalent number of vacant posts at consultant level. I appreciate the point he made that locums are filling places. However, we have seen where a particular 77 year old locum consultant caused a lot of grief and anxiety by filling posts around the country. He raised grave anxieties and concerns in relation to patient care. The system for appointing consultants is very cumbersome.

Promises have been made to deal with outstanding issues raised by the Medical Council, particularly in terms of disciplinary structures. In a reply to a parliamentary question on 27 May 1999, the then Minister said he expected to be in a position to circulate the heads of a Bill in 1999. This was to meet the other demands to amend the Medical Practitioners Act. Tonight, we are just amending one word. Now, in the middle of 2000, there is still no sign of the Bill or its heads and not much indication we will see it. Given there will now be a three month recess, it is hard to see when this Bill will be published. It is certainly badly needed.

We need to focus clearly on what is happening, in terms of the commitment and investment we are making to produce Irish trained doctors that we are subsequently losing out of the system. I accept the Minister's point that this has historic roots. However, it is crazy for us to, in effect, subvent richer countries, such as the US, when we should be ensuring we are attracting back people working in practice elsewhere and providing the very best training system and pathway for young medical graduates. We can certainly afford to do that. We could have a world class training programme and pathway for young doctors. At the moment, we have anything but that. In many ways, what we are doing tonight is simply reinforcing the point that this is the most important task facing the Minister and that he would want to get motoring on it.

I welcome the opportunity to support what the Minister has laid before us in this amendment. It is very fitting that, as a general practitioner, he is bringing in this Bill, on which I compliment him. I also join in the compliments to Deputy Shatter on his work as spokesperson on health and wish him the best of luck in his new responsibilities.

What Deputy Shatter said about the position of junior doctors is very relevant, particularly the fact that doctors from the EU and elsewhere do not always find this a welcoming place. Doctors and their families who come to this country to take up employment should be welcomed. They have been discriminated against, particularly on the question of registration. There has been a long-standing battle with the Medical Council to have their qualifications recognised. My colleague, the Minister of State, Deputy Ó Cuív, has taken up this issue, particularly in relation to doctors who specialise in psychiatry. In Ballinasloe, doctors from Sri Lanka have been putting the case for many years that their qualifications have not been recognised by the Medical Council. The Department of Health and Children and the Minister should look at that issue.

Given the great developments in our hospital buildings and the new facilities we have, we need more staff. For example, a £70 million tender has been awarded for improvements to University College Hospital, Galway. We will be very proud of that hospital in the future.

Portiuncula Hospital, which has been taken over by the Western Health Board, is one of the many hospitals throughout the country that have been taken over by the health boards. I am very proud of the fact it is going to be a public hospital because there is always a danger that these hospitals could end up as private hospitals. It was a voluntary hospital run by the Franciscan order and it is now coming into the public health sector. Such hospitals should receive support and continue to get the funding they were getting directly from the Department. That support includes the provision of staff. Portiuncula Hospital will now be dealing with the midlands as well as the Western Health Board area. It covers a number of health boards because of the large number of people who will use the hospital.

Although this Bill involves a very simple amendment, moving the aggregate period of more than five years to seven years, it is very important. I hope the Minister will look at the other issues I mentioned. I compliment him on the work he has done, particularly for the elderly. With the developments we know are to take place in Loughrea and Ballinasloe for welfare homes, it is very important that the necessary staffing is put in place for those two new hospitals. We will have, with the support of the Minister of State, new units in Ballinasloe and Loughrea, where we will be refurbishing the former St. Brendan's Hospital. It is important that staffing is provided there as well.

I welcome this simple but important amending legislation. I hope the Minister of State will take on board the questions that have been raised in respect of junior hospital doctors. We should welcome non-national junior doctors and their families to Ireland and try to resolve the problems they have encountered, over many years, in registering with the Irish Medical Council.

(Carlow-Kilkenny): I welcome the Bill but I wish to sound a note of criticism. I was among a group of Deputies who met the staff of St. Luke's Hospital, Kilkenny, and we were informed about the chaos that would arise if the current system remained in place. Those people to whom we spoke suggested at that stage that the term should be extended from five to seven years and this should have been done at least a month ago. If it had been done, we would have avoided the difficulties that have now arisen. The current lack of trained anaesthetists will cause further havoc in hospitals because consultants can only do a certain amount of the work.

While I welcome the Bill, I reiterate that this matter should have been dealt with much sooner. If action had been taken, we would have avoided what is now the case, that vacancies in hospitals cannot be filled because successful applicants have already taken up other positions. However, perhaps it is a case of better late than never.

I thank Members, particularly Deputies Shatter and McManus, for their support for the Bill. I wish Deputy Shatter every success in his new portfolio. The Deputy has proven to be a responsive and good Opposition spokesperson on health and he put us under pressure on many occasions.

Deputy Shatter is correct to state that the Bill may only safeguard 20 posts. I accept his point that the conditions relating to junior doctors from outside the State who come here to work could be improved. As the Deputy indicated, we could be more flexible in our dealings with the spouses and children of these individuals. I am sure Deputy Shatter, in his new portfolio, will raise this matter with the Minister for Justice, Equality and Law Reform.

The medical education system must be improved if we are to retain Irish non-consultant hospital doctors in Ireland. As already stated, this is one of a number of measures being taken to improve the lot of the NCHDs employed in our hospitals. The threatened industrial action has been averted with the provision of £60 million, the Medical Manpower Forum is due to report shortly and the 48 hour week will also be implemented. It is clear that progress is being made.

Deputy McManus inquired about the consultative process in respect of the Medical Practitioners Act. This is currently under way. The former Secretary General of the Department of Health and Children has been retained to work on this legislation. The Medical Manpower Forum is conscious of the exodus of junior doctors and will address many of the issues raised by Members during the debate.

Deputy Michael Kitt expressed concern about the situation at Portiuncula Hospital and the position of a number of Sri Lankan doctors. This matter will be reconsidered. I thank him for his comments on the new units it is proposed to built at Ballinasloe and Loughrea. Work on these will commence as soon as possible.

Deputy John Browne referred to anaesthetists and stated that matters concerning them should have been resolved a month ago. I believe the Deputy referred to this issue previously but the situation did not appear to be as critical at that stage. I take the Deputy's point because I appreciate practical criticism.

I thank the Deputies who contributed to the debate and who are facilitating the Bill's speedy passage through the House.

Question put and agreed to.
Bill put through Committee, reported without amendment, received for final consideration and passed.
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