Róisín Shortall (Dublin North West, Labour)
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Question 18: To ask the Tánaiste and Minister for Health and Children if her attention has been drawn to the recent warning from the IMO and the IHCA of the possibility of industrial action unless her Department adopts a more conciliatory approach to a number of industrial relations problems, including the unilateral introduction of the clinical indemnity scheme; the action she intends to take to ensure that these issues are resolved and industrial action averted; and if she will make a statement on the matter. [4237/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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It is regrettable that the Irish Hospital Consultants Association and the Irish Medical Organisation should have decided to take industrial action in pursuit of a resolution of the dispute surrounding 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 choose to embark on this course of action when, in fact, they and the Government should be uniting to pursue the common goal of ensuring that the Medical Defence Union, MDU, lives up to its obligations to its Irish members.

Irish hospital consultants paid significant amounts in subscriptions over the years 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 that 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 these threats and to work with the Government in pursuit of our joint interest.

If some form of industrial action does take place, I will ask the IHCA and IMO to ensure that the impact on patient care is kept to the absolute minimum. I will also request the Health Service Executive to put in place contingency measures to ensure that disruption to patients is kept to a minimum. It is clear, however, that even if kept to a minimum, the effect of this action on patients would be to cause delays in their treatment and to prolong their suffering.

I am still engaged in intensive efforts to avoid this eventuality through discussions with the IHCA and IMO. These include discussions on assistance to consultants who may be left without indemnity cover by the MDU. I am also exploring whatever avenues may be open to the State in its own right, or 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 and the Office of the Attorney General to meet with legal representatives of the IHCA and IMO to discuss these issues. It would not be appropriate for me to make any comment on these discussions at this stage.