The Mater Hospital in Dublin has told the Department of Health that it will not be able to implement in full the new EU directive limiting the working hours of non-consultant doctors.
The board of the hospital decided in mid-July that it would not be possible for it to fully comply with the average 58-hour week for non-consultant doctors without compromising patient care.
The Minister for Health, Mr Martin, has insisted that the 58-hour working week can be put in place without services for patients being hit.
However, the Department of Health was warned several months ago by its own national co-ordinator for implementing the directive that introducing rosters to comply with the new measure was likely to result in a reduction of outpatient clinics and elective operations and an increase in waiting lists.
The hospital board has told the Department that it will endeavour to implement the European Working Time Directive in areas where it is feasible without interfering with patient care. The directive officially came into effect on August 1st.
However, hospitals have agreed to defer the new rosters pending talks at the Labour Relations Commission with the Irish Medical Organisation. These are due to resume later this month. Hospital managers have been advised that breaches of the directive could allow doctors to sue for compensation of up to two years' salary.
Hospital documents seen by The Irish Times show that the chief executive of the Mater Hospital, Mr Martin Cowley, told the Department of Health in June that the directive would be "impossible to implement without seriously impacting on the current services provided to our patients".
Mr Cowley said the implementation of the directive would lead to a reduction in the availability of non-consultant doctors by a minimum of 25 per cent in all grades and specialities and by up to 60 per cent in specific grades/specialities.
He added that to overcome the difficulties the Mater Hospital would need to employ a minimum of an additional 50 non-consultant doctors, but he considered this completely impractical.