The Government will seek to withhold forthcoming pay rises due to consultant psychiatrists in public hospitals if they continue to oppose recruitment to the new Mental Health Tribunals. Martin Wall reports.
Organisations representing consultant psychiatrists have advised their members not to apply for posts on the tribunals, which will review cases of those detained involuntarily in psychiatric hospitals, in a dispute over staffing support.
The State's 290 consultant psychiatrists, along with all public servants, are due a 1.5 per cent pay rise in December under the Sustaining Progress national deal.
On Wednesday, Michael Scanlan, secretary general of the Department of Health and Children, wrote to Liam Doran, joint secretary of the Health Service National Joint Council, formally warning him that the pay rises could be in danger.
He cited: "The continuing refusal of the Irish Hospital Consultants Association and the Irish Medical Organisation to co-operate with the implementation of the Mental Health Act 2001, particularly in relation to the participation of their consultant psychiatrist members on Mental Health Tribunals under the legislation."
Talks between the Mental Health Commission and medical bodies on the involvement of consultant psychiatrists in the tribunals broke down on Wednesday.
The tribunals, which will comprise a consultant psychiatrist, a lawyer and a lay person, will review orders to detain people involuntarily in psychiatric hospitals.
More than 3,000 psychiatric patients are involuntarily detained in hospitals in Ireland each year. Ireland has one of the highest rates of involuntary detention in Europe - a concern for human rights campaigners and patient support groups.
While lawyers and lay people have been recruited to serve on the tribunals, the medical organisations have instructed members not to apply for the positions.
The IHCA has argued that consultants needed greater staffing back-up to be able to adhere to the strict timetables of the new tribunals. Failure to adhere to these may leave consultants or clinical directors liable to fines of up to €1,500 or two years in jail.
The Mental Health Commission, independent watchdog for the mental health sector, will now look for consultant psychiatrists from abroad.
In his letter Mr Scanlan said there was "no justification whatsoever" for the IHCA and IMO stance.
"Unless confirmation of willingness to co-operate with the implementation of the Act is forthcoming from the IHCA and the IMO, I am firmly of the view that implementation of the next pay increase due under Sustaining Progress with effect from December 1st would not be warranted," he wrote.
In a letter to Mr Scanlan yesterday, IHCA secretary general Finbarr Fitzpatrick said the matter of consultants, whether in practice or retired, applying for membership of the Mental Health Tribunals was not within their contract of employment.
Mr Fitzpatrick said the principal reason for the Mental Health Act 2001/Part II not being implemented was that the commission had not done the necessary preparatory work.