Trade unions can now discuss member terms with the Government, writes MARTIN WALL
TRADE UNIONS and professional bodies representing contractors such as general practitioners (GPs) who are providing services to the State will in future be able to discuss terms and conditions for members with the Government without the Competition Act having to be changed, the Minister for Health James Reilly has signalled.
For the past number of years it has been the official position of the Government that under Irish and European competition law it could not enter into talks on fees with groups representing professionals such as GPs or community pharmacists.
GPs and pharmacists working under the various State medical schemes are not employees of the HSE but rather are independent contractors. In theory, they are supposed to compete with each other on price. For the same reasons, organisations representing hospital consultants are not permitted to collectively negotiate on fees with health insurance companies.
The Croke Park agreement contains a provision for the Government to enter into talks with bodies such as the Irish Medical Organisation on changing the Competition Act to allow for such negotiations on fees. However, little has been heard of this issue since the deal was signed in 2010.
In an interview with The Irish Times, however, Dr Reilly has indicated that the official position in relation to the Competition Act has changed.
He said that a “form of words” which had been received from the Competition Authority would “allow enough cover for the likes of the Irish Medical Organisation to be involved in discussions with the Department [of Health] on terms and conditions”.
“That is what the [Competition] Authority has said to me. I do not have an issue with it,” he said. The Minister said he did not believe the Government would not now have to change the Competition Act.
Dr Reilly said he knew the Irish Medical Organisation was concerned about its position because it would be the one at risk of possible legal action if considered to be in breach of competition legislation. However, he said, “we will be prepared to get the appropriate letter of comfort to enable that to happen”.
The question marks over the role of the Irish Medical Organisation have been one of the reasons behind the delay in the negotiation of a new contract for general practitioners which has been a priority of the Department of Health for some time.
Dr Reilly also said that GPs could be covered by the provisions of the Croke Park agreement and it “would be constructive if they were”.
Last month it emerged that senior Department of Health officials had argued that GPs fell outside the scope of the agreement as they were not State employees.