HC Deb 08 December 1958 vol 597 cc16-9
18. Mr. Hale

asked the Minister of Health what steps he has taken, since his letter to the Manchester Regional Hospital Board last July, to obtain suitable employment for Mr. A. H. Barber; and how many posts Mr. Barber has been offered.

Mr. Walker-Smith

So far as I am aware, Mr. Barber has not applied to fill any consultant vacancy in the hospital service.

Mr. Hale

Does not the Minister think that is a somewhat contemptible answer in view of his assurance to the House in July that he directed the Board that it was under a moral obligation to offer this man employment? Is it actually a fact that no offer has been made to this very distinguished gynaecologist?

Mr. Walker-Smith

Before making that charge, the hon. Member—who, after all, has legal qualifications and some legal experience—should study the statutory basis on which we have to act in this matter. If he will study the Appointment of Specialists Regulations, 1950, he will see that they require that consultant vacancies to the hospital service must be advertised, that an appointments advisory committee must be appointed to select from the applicants those who are suitable, and that a board may only select a person who has been so selected by the appointments committee. It follows from that that it is not possible to offer employment. The post must be advertised, application must be made, and then the moral obligation to which I referred comes into being.

Mr. Hale

Is the right hon. and learned Gentleman aware that a distinguished High Court judge, who possibly possesses greater legal qualifications than either of us, made an order that he was entitled to be reinstated after consideration of the Regulations to which the Minister has referred?

Mr. Walker-Smith

The hon. Member cannot have looked at the report of the case for some time. The distinguished High Court judge made no such order.

Mr. Hale

Yes he did.

Mr. Walker-Smith

On the contrary, he made the finding that his employment had been unlawfully terminated and gave him damages in respect thereof, but was not able to order reinstatement.

Mr. Hale

He said he was entitled to reinstatement.

19. Mr. Hale

asked the Minister of Health what replies he has obtained from the Manchester Regional Hospital Board to his request, made in July last, that it should accept a moral obligation to assist Mr. A. H. Barber, gynaecologist, to obtain suitable employment.

Mr. Walker-Smith

The board has agreed to my suggestion.

Mr. Hale

Is it not a fact that the right hon. and learned Gentleman is really deceiving the House in this matter?

Hon. Members

No.

Mr. Hale

Oh, yes; I say it deliberately. The Manchester Regional Hospital Board first adjourned consideration of his letter from time to time and as long as it could. Is it not a fact that the Minister knows the Manchester Regional Hospital Board made it constantly clear that it had not the slightest intention of lifting a finger to secure the reinstatement of this gynaecologist because it is still activated by the venom which made it contest the action?

Mr. Walker-Smith

I think the hon. Member is getting extravagant in his language. It is not proper, having made a mistake himself—of which I make no criticism—to take it out of the Board in revenge. The board, as he knows, in answer to my letter, has accepted the moral obligation in this sense, that if the appointments advisory committee finds Mr. Barber equally suitable with any other applicants, then the circumstances must weigh the moral obligation in his favour. That is the most the Board can do, and that it has said it will do.

20. Mr. Hale

asked the Minister of Health what replies he has made to representations received from the Oldham Corporation and the Oldham Trades and Labour Council calling attention to the lack of sufficient gynaecological service in Oldham, and to the necessity for the full use of available local expertise.

Mr. Walker-Smith

I am sending the hon. Member a copy of the reply that has been sent to Oldham Corporation. I have not received any representations from Oldham Trades and Labour Council.

Mr. Hale

Is the right hon. and learned Gentleman aware that this gentleman is deprived of the opportunity of taking any part in the gynaecological work of the local hospital, that there is a long waiting list of cases, that complaints have been sent by Oldham Corporation and other authorities, that there is inadequate gynaecological consultative opportunity, and here is a man available and responsible for the corporation's pre-natal service who is debarred from taking part in the work of the hospital purely because of the hostility his action caused?

Mr. Walker-Smith

No, it is not a case of that. Perhaps the hon. Member will be good enough to study the letter which I am sending to him. Then, if necessary and useful, we could have a word about it in the light of the difficulties and complications which exist.

Dr. Summerskill

Without entering into the legal points, may I ask the Minister to use his good offices in this matter, having regard to the long list of gynæcological cases awaiting consideration for treatment in the Northern area? We have heard of many in Birmingham and the Midlands as well as in the North, and I understand that no one has criticised this man's skill as a gynæcologist.

Mr. Walker-Smith

Fifteen beds and additional operating sessions were allocated to the consultant gynæcologist in the spring of this year, with the result that the waiting list, I am glad to say, has been substantially reduced and the board hopes that the rate of reduction will be continued in future.

Mr. Hale

In view of the unsatisfactory nature of the three replies to my Questions, I beg to give notice that I shall take the opportunity of raising the matter on the Adjournment.