The General Medical Council (GMC) has responded to a query from the Celtic
League about the involvement of Prison Doctors in the disciplinary processes
used against inmates at Maghaberry Prison, in the British controlled north of Ireland.
The League had pointed out to the GMC that the most recent report by Council of
Europe Prisons Standards body, the European Committee for the Prevention of
Torture (CPT), had expressed concerns over the issue. We asked what steps the
GMC were taking to address the CPT concerns and what guidance was issued to
prison doctors at Maghaberry and more generally.
The GMC say that they do not issue any specific guidance (a statement which is
worrying) however they qualify this by indicating that:
“this is an issue that we may be able consider as part of the General Medical
Council’s wider undertaking to promote equality and human rights which we will
be continuing to pursue throughout 2010.”
The full text of the GMC reply is set out below:
“Dear Mr Moffatt
Thank you for your letter of 9 January 2010 to our Chief Executive, Mr Niall
Dickson. You have asked whether the General Medical Council intends to issue
guidance to registered medical practitioners working in the Prison Service about
the involvement of doctors in disciplinary proceedings. This is in light of
concerns raised about practices at Maghaberry Prison in Northern Ireland by the
Council of Europe’s Committee for the prevention of torture and inhuman or
degrading treatment or punishment (CPT). I understand that the CPT has expressed
misgivings at the practice of prison doctors being asked to examine prisoners
and confirm whether they are fit to undergo the disciplinary sanction of
cellular confinement.
As part of our role, the General Medical Council issues guidance to doctors
which sets out the principles of good practice we expect them to meet. Our
guidance is intended to apply to all doctors on the register, regardless of
their area of practice and whether they are employed in the public or private
sector. For that reason, it is naturally set at the level of high-level
principles and cannot be exhaustive. We expect doctors to use their judgement in
applying the principles to the situations they face in practice. With very few
exceptions, we do not give guidance addressed to a single speciality or group of
doctors.
Good Medical Practice (enclosed), our core guidance publication, makes clear
that the first duty of a doctor is to make the care of their patient their first
concern. Doctors working in roles where they have dual obligations to their
patient as well as to their employing or contracting organisation should make
sure that their roles and responsibilities are clear and they are not placed in
a position which undermines their duty to their patient. We also expect doctors
to take action if they have good reason to think that patient safety is or may
be seriously compromised by inadequate premises, equipment or other resources,
polices or systems (see the enclosed guidance Raising Concerns about patient
safety).
While we do not have any specific plans to issue guidance on the obligations for
doctors working in the Prison Service, given the nature of the concerns raised,
this is an issue that we may be able consider as part of the General Medical
Council’s wider undertaking to promote equality and human rights which we will
be continuing to pursue throughout 2010.”