The IMO has a signed a framework agreement with Health Minister James Reilly which may pave the way for direct talks to take place on the under sixes free GP care scheme.

The agreement provides a formula under which negotiations that do not breach competition law can take place on GP contractual issues.

Included in the agreement is provision for a joint IMO-Department of Health review of the contractual issues relating to the under sixes scheme and other new services.

The agreement provides for an examination of different fee structures that may be agreed for GPs under the under sixes deal and the planned further extension of free GP care, and for referral of any disagreements over proposed fee rates to a third party.

The final determination of the fees to be paid is vested in the Minister, following consultations.

The IMO said the new agreement will enable it to fully consult with its GP members and represent their views in discussions with the Government on the any new GP contractual arrangements.

The deal with the Department of Health follows an agreement made between the doctors' union and the Competition Authority last week.

This agreement with the Authority stipulated that should agreement be reached on the under sixes deal or other GP services, it will be up to individual IMO members to decide on whether to accept a new deal, and the IMO cannot advise members collectively whether or not to accept such a deal.

The Competition Authority says it has no objection to the IMO discussing with the Health Minister/HSE  the 'scope, content, resources allocated to and fees payable' in respect of GP services in future.

The new agreement with the Minister will enable the IMO to fully consult with its GP membership and represent their views in discussions with the Government on any new GP contract, the union said.

IMO GP Chairman Dr Ray Walley said the new agreement with the Department recognised the IMO's role as the representative body for GPs and would ensure that the voice and the opinions of GPs was heard when reforms and resources for publicly funded contracts for GPs were being discussed.

Dr. Walley said that the framework agreement - together with the terms of the settlement agreement between the Competition Authority and the IMO - would remove 'massive obstacles' to engagement between the IMO and the Department of Health/HSE.

The agreement with the Department he said, would enable the IMO to:

* Communicate with its members and to have discussions with them and to express its opinions to them at every stage of a talks process, including the outcome of any engagement.

* Hold consultative ballots of members to ascertain their views of the contract (but as always it will remain a matter for each GP to individually decide whether or not to accept the terms being offered).

* Advise members as to what work is covered and what work has not been negotiated and for which no fee is payable.

Dr Walley said that the agreement would open the way to constructive engagement about the future of GP services and the pressing need for proper resourcing of 'this critical part of the health services'.

The IMO's agreement with the department repeats the ban on GPs taking industrial action contained in the Competition Authority agreement.

The agreements between the IMO and the Department of Health and Competition Authority give the doctor's union more leeway to directly negotiate on behalf of GPs and overcome legal obstacles under competition law which had cast some doubt on the union's right to direct talks on fees and contracts.

It is not clear however, when direct talks will begin on the under sixes scheme, which was originally earmarked for implementation this summer.

IMO in 'no GP strike' agreement