It was "particularly unfortunate" that consultants were contemplating industrial action when they should be united with the Government to pursue the Medical Defence Union to live up to its obligations to its Irish members, the Tánaiste and Minister for Health told the Dáil.
Ms Harney said that over the years Irish hospital consultants had paid significant amounts in subscriptions to the MDU and "between 80 per cent and 90 per cent of these costs were ultimately borne by the Irish taxpayer".
She said she would prefer to resolve the dispute over medical indemnity through negotiation, "but if that is not possible we will have to pursue the matter legally, although I cannot compromise the position of the State and the taxpayers".
The Minister also pointed out that "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 lawyers for the Irish Medical Organisation and the Irish Hospital Consultants' Association.
Ms Harney was responding to Labour's health spokeswoman, Ms Liz McManus, who said that doctors were "extremely anxious" and wanted a "legally binding commitment that they and their patients will not be left without cover".
She added that when a State indemnity scheme was set up in Britain, the State took on the historic liabilities.
Ms Harney said, however, that the British government took over the historic liabilities of obstetricians, whereas the Government was concerned with all consultant activity in the public sector. She said she had given an assurance in good faith, "but I cannot compromise the State's legal position".
Ms Harney again appealed to both the IMO and the consultants' association to "withdraw their threats" of industrial action and "to work with the Government in pursuit of our joint interest".
She stressed that "taxpayers and consultants have a common interest in ensuring that the MDU does not escape from its responsibility for meeting the costs of claims". Even if industrial action was kept to a minimum, "it would cause delays in the treatment of patients and prolong their suffering".
Ms Harney said she was still engaged in intensive efforts to avoid this eventuality through discussions with both organisations.
