DOUBTS have been raised as to whether or not the Western Trust’s changes to services offered by the South West Acute Hospital (SWAH) comply with the Rural Needs Act.
The Act was passed into legislation in 2016 in which a provision for rural proofing was put in place.
Rural proofing is a measure to scrutinise proposed policies and ensure fair and equitable treatment of rural communities and that a policy does not indirectly have a detrimental impact on rural residents and that their communities are treated in a fair and reasonable way.
However, there is a view the downgrading of services at the SWAH falls foul of the rural proofing measure with Fermanagh and Omagh District Council recently backing a motion to explore legal action into the changes made by the Western Trust.
Lauri McCusker of the Fermanagh Trust said: “What’s important is that the Rural Needs Act (2016) puts a duty on our government and public authorities to have due regard to rural needs.
“It’s about how you deliver that public service. The question is, regarding any changes with the SWAH, has it had due regard to meeting rural needs?
“The proof in the pudding is in the eating. Will there be more emphasis on more ambulances – that are fully equipped – on the road to take people the further distances (to other hospitals in Derry and Craigavon)? My understanding is that there is not.
“There is a document that says the Rural Needs Act has been considered. However, am I confident in that? The answer would have to be, not necessarily at this stage.
“However, confidence would be gained if it was clearly articulated across the communities of Fermanagh.”
McCusker also posed the question as to how moving general emergency surgery patients from Fermanagh to Altnagelvin Hospital in the city of Derry was in compliance of rural proofing.
He added: “There is a serious question over the access, of what we believe was, ‘the golden hour’. You can’t rural proof a golden hour – it’s either a golden hour or it’s not.
“We’re often told through public advertising that time is critical. All the evidence suggests that it is.
“The A5 (from Omagh to Derry) is a shocking road. Going to Omagh even at certain times of the day is problematic. As someone who travels that road very regularly, let’s call a spade a spade.
“It’s problematic at the best of times. For someone who is sick and unwell, it’s a bigger problem. This is a challenging environment for everybody, but the legislation is legislation. It’s the responsibility of public bodies to have a duty.
“Is that being respected in this case? That’s the really important question because if it is, then what is the point of this legislation?”
In response, a spokeswoman for the Western Trust, insisted that they had undertaken a rural needs impact assessment.
She said: “The Trust is currently undertaking a public consultation of the temporary suspension of Emergency General Surgery at South West Acute Hospital.
“As part of the preparation for the consultation the Trust has undertaken a rural needs impact assessment in accordance with our statutory requirements. This is kept under review, but the assessment as at December 2022 has been published with the consultation documents.”
Meanwhile the Department of Agriculture, Environment & Rural Affairs (DAERA) confirmed that the Western Trust did not consult them on the proposed changes to the SWAH in relation to the Rural Needs Act – although the Trust were not obliged to do so.
A spokeswoman said: “As there is no requirement under the Rural Needs Act (NI 2016), the Department was not consulted by the Western Trust to check if their proposed changes to the SWAH would comply with the Act.
“However DAERA did provide general advice to the Western Trust on its completed Rural Needs Impact Assessment Template, at its request, which it completed in respect of the temporary withdrawal of emergency general surgery services at South West Acute Hospital prior to public consultation.
“DAERA has no role in determining whether the Rural Needs Act (NI) 2016 has been complied with nor is it in a position to do so.”
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