HC Deb 10 March 1958 vol 584 cc8-10
33. Mr. Cronin

asked the Minister of Health if he will reinstate Mr. Alexander Howard Barber, a consultant surgeon, who was dismissed from the National Health Service on 30th April, 1952, having regard to the circumstance that he was recently awarded in the High Court £7,437 damages against the Manchester Regional Hospital Board for wrongful dismissal and granted a declaration that the Minister had acted wrongfully and in breach of statutory duty in not hearing his appeal against the dismissal.

Mr. Walker-Smith

I have no power to do so.

Mr. Cronin

Will the right hon. Gentleman look into this again at least to see what can be done informally, because this conscientious and competent surgeon has been treated with extreme injustice by his Department?

Mr. Walker-Smith

No, Mr. Barber is entitled to apply for any post available in the hospital service. In the normal way, appointments to these posts are regulated by Section 14 (2) of the National Health Service Act, and, therefore, are made, as the hon. Gentleman will know, by the hospital boards and not by me. I have no power to intervene in these appointments.

Mr. Cronin

But is it not extremely undesirable that the country should be deprived permanently of the services of a conscientious and competent surgeon simply because of a mere matter of form as suggested? Will not the right hon. Gentleman take some steps to help this gentleman?

Mr. Walker-Smith

I think the hon. Gentleman was not quite clear in his supplementary question. It is not a question of a formality. It is a question of the statutory position under Section 14 of the National Health Service Act. Nor is there any reason to suppose that the country necessarily need be deprived of his services, because, as far as I know, he has not yet availed himself of his right to apply for any post.

Mr. Langford-Holt

Will my right hon. Friend clear up one point? Was this consultant dismissed prior to the hearing in the High Court, or was it a hearing on appeal?

Mr. Walker-Smith

No. The consultant had his employment terminated by the hospital board. The hearing before Mr. Justice Barry was in December last, and the learned Judge decided that the termination of the contract of employment was wrongful but, nevertheless, took effect, which meant, of course, that his remedy lay in damages; and he therefore received an award of damages.