This Bill, though apparently a simple, unimportant and harmless measure, introduces a principle which should be very carefully considered by the Seanad. I understand the object of this Bill is one with which every member of the Seanad, and probably every member of the Dáil, agrees. It is to enable universities and medical schools here to continue to train men successfully who will be sent across or who will be able to find positions on the other side as doctors. I am told by a leading doctor that a very large number of our students go across to the other side, and I am quite certain it is not the desire of the Seanad, certainly it is not my desire, to do anything which will make it difficult for such students to find places. At the same time, I think this Bill as it at present stands, is one which should not be passed. In the first place, I am satisfied that it does not do what it is intended to do. In the next place, even if it did, I think the principle underlying or involved in the Bill is one which it is extremely doubtful, constitutionally, we should be able to pass. In the Bill we give powers over persons and over matters connected with the profession to a committee or body which is appointed in England, which is directly and absolutely subject to the British Parliament, and which would have to obey any law which might be passed at Westminster in spite of the fact that our Constitution provides that the Oireachtas is the only body which can pass laws for the good government of the people of Saorstát Eireann. That being the case, it seems to me extremely doubtful whether it is right to give a body which is directly subject to another Parliament, powers which you would not give to that Parliament itself. This Bill gives to the General Council, which, I understand, is called the General Medical Council of the United Kingdom, certain powers over medical practitioners and their customs and practices, and it gives certain lesser powers to a body called the Irish Branch Council. Now, it seems to me that the difficulty in this matter would be met if the Bill were so amended— and I intend to raise the matter on the Committee Stage, but I am raising the general principle now—as to give the actual power to the Irish Branch Council.
If they, in their wisdom, decide to obey an order of the General Council because it is convenient, and in the interests of the medical profession here, I am perfectly certain we will all be pleased, and will have no objection to it whatsoever. I think a way out of it may be found. But I would like to point out that if you give all the power that this Bill proposes to the General Council, I am not satisfied that you are giving the guarantee to future members of the medical profession which we want to give, because you leave them absolutely at the mercy of the General Council, and if at any time they choose to make different regulations for our schools from those of the English schools there is nothing in this Bill to prevent them, and there will be no check other than new legislation. I suggest that if such a step as that were taken it would be almost impossible to get the reciprocal, friendly arrangement that I believe could be got now. I have consulted some of my friends in the medical profession, some of the most eminent, and one prominent doctor told me that he was very doubtful, indeed, as to whether this Bill would be really satisfactory. He stated that what was wanted was something that would carry over the temporary period until a reciprocal arrangement between the two Medical Councils could be made, which I am perfectly certain can and will be made after some time elapses, if it is made clear that the Oireachtas is not prepared to hand over complete power to a body which has no control over persons in Saorstát Eireann.
