Bertie Ahern (Dublin Central, Fianna Fail)

On Friday, 4 February, the consultant members of the IMO voted by a large majority for industrial action arising from the dispute over the introduction of the clinical indemnity scheme and responsibility for historical medical malpractice claims. This was followed by the meeting of the IHCA on Sunday at which a secret ballot for industrial action was conducted, with action taking the form of the cancellation of elective procedures and outpatient clinics, with consultants only available to deal with emergency cases from mid-March.

The Department of Health and Children has been engaged in ongoing discussions with the Medical Defence Union which has, to date, refused to assist up to 25 Irish consultants and former members, predominantly obstetricians, who are facing medical negligence claims. The purpose of these discussions is to seek to negotiate an arrangement with the Medical Defence Union under which it would continue to be liable for all known obstetric malpractice cases, with the Irish Government assuming responsibility for all such cases incurred but not reported prior to 1 February last year, the date on which the clinical indemnity scheme was extended to cover claims against hospital consultants. Progress in these discussions has been extremely slow due to the reluctance of the MDU to submit to a due diligence exercise. Such an exercise is essential to satisfy the public interest requirements of Irish law and the State aid issues that are likely to arise under European Union law.

Last Friday, the MDU notified the Tánaiste and Minister for Health and Children that it was withdrawing from negotiations in response to comments made about the MDU before the Oireachtas Committee on Health and Children on the previous Wednesday. In the light of this development, the Minister will meet the Government's legal advisers this week to discuss the legal options open to her to compel the MDU to honour its obligations towards Irish consultant members and former members. That is how matters stand at the moment.

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