Mary Harney (Dublin Mid West, Progressive Democrats)

It is regrettable that the Irish Hospital Consultants' Association and the Irish Medical Organisation are contemplating industrial action in pursuit of a resolution of the dispute over medical indemnity cover for consultants. The only people who suffer as a consequence of this or any industrial action in the health service are patients. It is particularly unfortunate that consultants should chose to embark on this course of action when they and the Government should be uniting to pursue the common goal of ensuring the Medical Defence Union lives up to its obligations to its Irish members.

Over the years, Irish hospital consultants paid significant amounts in subscriptions to the MDU. Between 80% and 90% of these costs were ultimately borne by the Irish taxpayer. Taxpayers and consultants have a common interest in ensuring the MDU does not escape from its responsibility for meeting the cost of claims from these years. I therefore appeal once again to both organisations to withdraw their threats and to work with the Government in pursuit of our joint interest. It is clear, however, that even if we kept industrial action to a minimum, it would cause delays in the treatment of patients and prolong their suffering.

Within a month of my becoming Minister for Health and Children, I gave an assurance about cover at a conference of the Irish Hospital Consultants' Association and put it in writing. It stated that "no Irish person who has suffered from a medical mishap would be left without compensation and no consultant would be left without cover in all reasonable circumstances and in accordance with the law." Last November, I put in place arrangements for the legal defence of one consultant at St. James's Hospital who was taken off cover by the MDU and against whom a claim had been notified. I met quickly this consultant, representatives of the medical board of St. James's Hospital, the Irish Hospital Consultants' Association and the IMO to agree these arrangements. I am still engaged in intensive efforts to avoid this eventuality through discussions with both organisations. I am exploring whatever avenues may be open to the State in its own right, without compromising its legal position and in association with the consultants affected by a withdrawal of cover by the MDU, to pursue the MDU by legal means. Arrangements are being put in place for representatives of the Chief State Solicitor's Office, the Office of the Attorney General and outside counsel to meet legal representatives of both organisations to discuss these issues. It would not be appropriate for me to make any comment on these discussions.

As the Government decided that the clinical insurance scheme should be operated by a State body, namely, the National Treasury Management Agency acting as the State's claims agency, no procurement procedure was required. All aspects of the operation of the scheme required to be supplied are operated by external contractors where the full public service tendering procedures apply.

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