A Clare GP has challenged a judge's practice of involving doctors in overseeing alcohol and drugs bans on young offenders.
In response to drink-fuelled public order offenders coming before Clare courts, Judge Joseph Mangan has placed effective drug and alcohol bans on offenders by ordering them to provide samples supervised by a GP twice weekly for four weeks to check for alcohol and drug intake.
During the past number of years, hundreds of offenders have complied with the judge's order, which also involves submitting professional reports on offenders' alcohol and drug abuse.
However, at Kilkee District Court yesterday, solicitor Eugene O'Kelly told Judge Mangan that Kilrush GP Dr James Prendeville was no longer willing to supervise drug analysis of urine.
Dr Prendeville outlined nine reasons in a letter to the judge. He described the scheme as "unworkable" and said he was supported by the vast majority of GPs in the area.
Dr Prendeville's stance last night also received the support of the Irish Medical Organisation's mid-west representative. Dr Mary Grey said many local GPs "are very concerned over the issue", with the matter dominating a recent IMO meeting in Clare.
In his letter, Dr Prendeville told the judge: "GPs are not probation officers. We do not police the daily habits and activities of our patients, nor do we condone any such infringements on their human rights, dignity or well being."
He went on: "It is demeaning, embarrassing and humiliating for my patients to be compelled to exercise a very private bodily function in the presence of a medical witness and, furthermore, to be seen by all other patients in the surgery en route with a specimen jar to and from a bathroom or toilet.
"The compulsion to attend twice weekly has cost at least one of my patients his job. It furthermore mitigates against my patients' willingness to undertake meaningful work and rehabilitation.
"This judicial imposition on my patients should be operated by the Department of Justice in line with current arrangements for drink-driving testing. It has not been agreed with the IMO and is purely a voluntary and ad-hoc arrangement, which I am not longer willing to operate with the patients' dignity and best interests in mind.
"The Department of Justice is obliged to use private laboratories for in-house prisoners and should be similarly obliged to do so in community surveillance."
The issue came before the court yesterday in relation to Kilrush man Colm Hayes (26), who undertook to provide the urine analysis arising from a prosecution for two public order offences in Kilkee on May 24th, 2003.
Mr O'Kelly addressed the judge: "My client has co-operated fully with your directions, but the doctor has terminated the testing and is not going to refer the patient to another doctor.
"You have warned my client that you would send him to jail if he didn't provide the urine samples, and he didn't turn up in court on the last occasions because he was fearful he would be sent to prison over a dispute that has nothing to do with him."
Judge Mangan adjourned the matter to Kilkee District Court on April 26th.
