The Gazette 1961 - 64

" Before I conclude, I should like to express my appreciation of the assistance afforded to me in connection with the preparation of the Bill by the Council of the Incorporated Law Society who submitted an excellent memorandum dealing with the existing law and making suggestions as to the manner in which it should be amended." (Dail Debate, 6th December, 1962.) The memorandum on the Bill was drafted for the Council by Mr. Brendan A. McGrath of Dublin and Mr. T. V. O'Connor of Swinford. SEMINAR IN AMERICAN STUDIES LAW SESSION JULY 14th TO AUGUST 10th, 1963 The above will be held at Salzburg and the lectures in the various topics, followed by questions and discussions, will be designed to present an intro duction to American legal institutions and lay a foundation for the more specialised work of the seminars. Members wishing to enrol should contact Mr. Harry W. Day, Directory, Salzburg Seminar in American Studies, Schloss Leopoldskron, Salzburg, Austria. Seminars, meeting three times a week in small groups of approximately twelve will explore a specialised area through the study and discussion of legal materials, such as court opinions. Each person enrolling will be included in a seminar for one or other of the various topics set out below : 1. Contracts problems in international trans actions. 2. Anti-trust law. 3. Criminal law and procedure. 4. Problems in constitutional law. 5. The decisional process in judicial administra tion. ROAD TRAFFIC ACT, 1961 During the debates in the Dail on the enactment of the Road Traffic Act, 1961, the Minister for Local Government undertook that he would have pub lished annually a statement as to the orders, regu lations, bye-laws and rules made thereunder and in force for the time being. The first of such statements has been received by the Society from the Department and it covers the position as at ist March, 1963, including statutory instruments made before ist March and due to come into force shortly after that date. The booklet contains a list of the sections of the Road Traffic Act, 1961 currently in force together with particulars of repeals and amendments, a list of all orders made under the Act and still in force, orders made under the Act and since revoked, particulars of the •83

be published in the current issue of the Association's Journal. " It is a breach of professional privilege for a doctor to disclose to an insurance company informa tion concerning a patient obtained as a result of a patient and doctor relationship. The prohibition against disclosing such information clearly applies to any practitioner on the staff of a local authority or other public or private hospital who obtains information concerning a patient in the hospital either by casual observation or in the course of treatment of the patient by virtue of his position on the hospital staff, just as it applies to a doctor who is engaged specifically by the patient to make an examination and report for that patient's use. " Where a doctor conducts an examination of an injured person on behalf of an insurance company for the benefit of the company and discloses to the patient or his advisers that he is acting in the interests of the insurance company different con siderations naturally apply. In cases not within the Workmen's Compensation Act the patient's medical adviser will be present at the examination. In examinations under section 33 of the Workmen's Compensation Act, 1934, where the patient attends without his medical adviser the following is a statement of what the Association regard as the proper professional practice—(i) the duty of a medical practitioner who is instructed by an employer or an insurance company under section 33 of the Workmen's Compensation Act, 1934, is to ascertain the medical condition and state of health of the workman, (z) the medical practitioner should not accept instructions from the employer or the insurance company which would oblige him to exceed his professional duty under head (i). (3) Questions put to the workman in the course of the medical examination are in the discretion of the medical practitioner but should be restricted to the workman's physical condition and state of health except inasmuch as it may be necessary to ascertain the surrounding circumstances and background for the purpose of forming an opinion on his medical condition and state of health. (4) Irrespective of any questions put to the workman in the course of the examination any written or oral report by a medical practitioner to the employer or insurance company should be restricted to the medical issues and any information on the issue of legal liability ascertained in the course of the examination should not be disclosed." HOTEL PROPRIETORS BILL, 1962 The Minister for Justice, Mr. Haughey, speaking in Bail fiireann on the second stage of the Hotel Proprietors Bill, 1962, said :