GP group shelves legal challenge to under-6s scheme

GP group says withdrawal of court case a “dark day” but vows to continue opposition

The National Association of GPs has been forced to withdraw a legal challenge to the Government’s scheme to provide free care for under-6s after a majority of family doctors signed up.

The NAGP has told members it had no choice but to end court proceedings after receiving legal advice it was likely to fail and the association would be liable for all legal costs.

The volte face, described by the association as a “dark day”, is likely to lead to a further rise in the number of GPs registering to provide free care for under-6s. Over 20,000 parents have registered their children for the scheme, due to begin on July 1st, and two-thirds of GPs have agreed to provide the service.

The case was taken by Co Clare GP Yvonne Williams, who wanted the introduction of the scheme postponed until the NAGP was given an opportunity to negotiate with the HSE. Dr Williams claimed the scheme would result in changes to her existing general medical services (GMS) contract with the HSE.

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In a letter to members, the association says Dr Williams has been forced to make a “tactical withdrawal” in relation to the injunction. It says the number of GPs signing up continued to rise “until it became undeniable that over 50 per cent had signed”.

“We were advised Yvonne was now highly unlikely to be successful in her injunction application and if she proceeded and lost, we would have been forced to bear the costs of both sides.”

“To do this would have placed both the NAGP and Yvonne Williams herself in an impossible position. It was the unanimous decision of Yvonne and the council that we had no option but to face the facts, and the decision was taken to withdraw the proceedings.

“This comes as a bitter disappointment to Yvonne and the NAGP.”

The association says it is preparing a letter of protest for GPs to attach to their contract should they decide, reluctantly, to sign up.

Last month, the association wrote to doctors seeking a €1,000 donation towards a fighting fund to oppose the scheme.

Paul Cullen

Paul Cullen

Paul Cullen is Health Editor of The Irish Times