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A delegation from the Association will meet with the Minister for Health & Children on Thursday, 29th January. The Association will seek, again, to help resolve the difficulty of historic liabilities between the Department and the MDU.

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National CircularEnterprise Liability Update The IHCA Enterprise Liability Committee has held joint meetings with the MDU and MPS on Thursday January 15 and Sunday January 25 in an effort to reach a common understanding on historic liabilities. The EL Committee has requested a meeting with the Minister for Health & Children, Mr. Micheal Martin TD, for (preferably) tomorrow Tuesday January 27 with historic liabilities as the single item on the agenda.At the time of writing, we are not confident of reaching an agreement on historic liabilities before Sunday February 1 next. Therefore, when members attend the Extraordinary General Meeting on Sunday next in the Berkeley Court Hotel at 2.00pm, among the decisions to be taken will be those on a Campaign of Action which will demonstrate to Minister Martin that he cannot break his word to consultants and that he cannot breach their contract with impunity.NoteMembers may have seen the reference in a recent Irish Times article where it was stated (non attributed) that the Department would impose a new contract on consultants should the need arise.There are a number of other matters regarding Enterprise Liability which require clarification / further negotiation. These cannot be addressed until the impasse on historic liabilities has been overcome.Updated estimates of the cost of membership of the MPS are expected in this office later this afternoon. While the MDU has promised similar statistics, we are not confident that they will arrive within the next 24 hours.A comprehensive circular on the Association’s understanding of Enterprise Liability together with estimates of membership subscriptions from the MPS, and the MDU if available, will be e-mailed / posted to members on Tuesday the 27th.Should anything of significance arise at our meeting with the Minister for Health, all members with e-mail addresses will be informed immediately. We look forward to a record attendance at our EGM on Sunday next at 2.00pm in the Berkeley Court Hotel. IHCA Extraordinary General MeetingSunday 1st February, 2004Berkeley Court Hotel2.00pm  

The Irish Hospital Consultants Association has warned that there will be turmoil in medical insurance should the Minister for Health introduce the planned state scheme to indemnify consultants in the public sector without first concluding negotiations.  The Association claims that public patients may be unindemnified for obstetric claims from the past because of the announcement of the Medical Defence Union that it may not provide cover for public obstetric cases following the introduction of the state insurance scheme. Commenting on the position, IHCA Secretary General Finbarr Fitzpatrick stated: “The Minister seems determined to introduce the state sponsored Enterprise Liability irrespective of its consequences.  He must have been informed by his advisors that the decision of the Medical Defence Union may well result in public patients, who have a just case for redress or compensation, being left in a legal limbo.  His failure to reach agreement with the MDU on historic liabilities is reckless.   The legal strategy devised by the Department of Health of suing the MDU in the UK courts at some time in the future is a high-risk strategy.  The IHCA has legal advice to the effect that this strategy will not be successful.  The Minister is prepared to risk €400m of taxpayers money on the outcome of a court case in the UK at some time in the future.  This is not the way to develop Government policy.  A negotiated settlement that provides certainty for public patients and consultants is infinitely preferable to what in effect is telling the parents of a child with Cerebral Palsy that their claim for compensation may depend on the London courts”.

The Masters of the three Dublin Maternity Hospitals have written to the Minister for Health & Children, Mr Micheál Martin T.D., conveying their concern that the present stalemate in negotiations between his Department and the Medical Defence Union on medical indemnity could result in Mount Carmel Hospital, which currently delivers 1,500 babies (approx) annually, quickly scaling down its capacity. The result of that would be that the Dublin Maternity Hospitals, which last year delivered 23,000 babies, could be completely overstretched.   Commenting on their concerns, a spokesperson on their behalf, stated:  “The Medical Protections Society, which is the only organisation providing indemnity for obstetricians, has stated that the risk related cost of indemnifying consultants in Full Time Private Practice is likely to be set at €300,000 per annum.  Even with the intervention of the Department of Health, subscriptions could be as high as €135,000.  This is clearly unsustainable. The Dublin Maternity Hospitals are currently overstretched and could not cope in the short-term with the 1,500 deliveries, which now take place in Mount Carmel.  The Masters believe that they have a duty to ensure that the Minister and his Department are fully aware of the crisis that could begin to arise in the latter part of this year should indemnity for private obstetrics become unaffordable”.  The Minister for Health has stated that Enterprise Liability will come into effect on February 1st next.  The IHCA has warned the Minister that it will react if the new scheme is imposed without their agreement.  An Extraordinary General Meeting of the IHCA will take place on Sunday February 1st to consider the position should the new scheme be introduced without agreement. 

  Progress at MDU MeetingRepresentatives of the IHCA met with the Medical Defence Union on Friday January 2nd last to discuss Enterprise Liability with the main body of the agenda being devoted to historic obstetric liabilities.The IHCA yet again emphasised to the MDU that its stance on historic obstetric liabilities was unacceptable. During the debate the IHCA representatives stated that an undertaking had been received from the Minister for Health to reopen discussions on historic liabilities. It was further stated that both the DOH&C and MDU needed to advance their positions if an agreement were to be found.· The IHCA proposed that the arrangement for a cap on MDU / MPS liability of €1million on an occurrence basis for an initial 7 year period should be made retrospective. The effect of this proposal, were it to be accepted by the DOH&C, would be that any obstetric claim from the past which was reported for the first time during the 7 year time frame would be governed by the cap on liability.· It was further proposed that should the DOH&C accept this formula, the MDU should be prepared to increase its financial offer to the Department for obstetric liabilities.· This was accepted by the MDU and a meeting will take place between the IHCA and the Department on Thursday January 8th with historic obstetric liabilities and the cost of obstetric indemnity into the future as the sole items on the agenda.IHCA Representatives Dr C. Quigley, Dr D.

Medical Council Elections The closing date for nominations for election to the next Medical Council is 1.00 pm on next Tuesday, 13th January.To be eligible to stand, candidates must be fully registered and engaged in the practice of medicine in the State on 12th January and 10 other fully registered medical practitioners must support the nomination.The incoming Council will include, inter alia, 2 consultants in general hospital practice who are not consultant Psychiatrists1 consultant psychiatristNomination forms are available from:Returning Officer1 Castlewood AvenueRathmines Dublin 6Tel: 01-497 0935To whom fully completed papers should be returned. 

Speaking in his Budget Speech on 3rd December, the Minister for Finance announced the following:"I will be introducing the following measures for new entrants with effect from 1 April 2004, except in those cases where, for legal or technical reasons, a later commencement date is required: the minimum pension age will be increased to 65 for most new entrants to the public service; this includes new entrant civil servants, teachers and staff in local government, the health services and non-commercial State Sponsored bodies; the present compulsory retirement age of 65 will be removed enabling staff to remain longer in work should they wish, subject to suitability and health requirements; the minimum pension age will be increased to 65 for members of the Oireachtas and Office Holders elected or appointed on or after 1 April 2004; the minimum pension age will be increased to 55 for new entrant Gardaí and Prison Officers and, in the case of new entrant Gardaí, the compulsory retirement age will be increased to age 60, subject to annual health and fitness certification after age 55; a minimum pension age of 50 will be introduced for new entrant Defence Forces personnel; the current minimum pension age of 55 for Fire-fighters will be retained for new entrants."

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