THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 2.33 The Commission is of the view that these subsections place a statutory responsibility on the Ministry of Health to ensure the appointment of Medical and Dental Officers for prisons, as well as being responsible for the delivery of health services in prisons. 2.34 To illustrate further, Section 37(1)35 of the Act states that in cases of serious illness of a prisoner confined in a prison in which there are inadequate facilities for the treatment of that prisoner, the Officer-in-Charge, or in his absence, the next senior prison officer on duty may, on the certificate of a Medical Officer, make an order for the removal of the prisoner to a government hospital. This in the Commission’s view further emphasises the role of Ministry of Health in the delivery of health care and medical services to prison. 2.35 However, Section 1536 of the Prison Act 1995 stipulates that a Medical Officer and a Dental Officer appointed under section 14 shall be under the control and supervision of the Commissioner General whilst in prison, and shall perform such duties as may be prescribed. 2.36 In this regard, the Commission advises that such a situation gives rise to a direct conflict between the duties of a doctor / medical staff to his patient (prisoner), and his statutory obligations towards the prison administration. To illustrate further, if the prison doctor serves dual roles, functioning as both medical specialist and at the same time is directly subordinated to the Commissioner General rather than being part of the civil health care structure, he will have a very difficult and sensitive role to fulfil. 2.37 The Commission advises that health care and medical staff in prison should act exclusively as caregivers. 37. (1) In case of serious illness of a prisoner confined in a prison in which there are inadequate facilities for the treatment of that prisoner, the Officer-in-Charge may, on the certificate of a Medical Officer, make an order for the removal of the prisoner to a government hospital. (2) Where, a prisoner removed under subsection (1) is, in the opinion of the medical officer of the hospital, still necessary for the prisoner to remain in the hospital, the medical officer shall, at the end of each month, transmit a certificate stating that fact to the Officer-in-Charge of the prison from where the prisoner was removed. 36 15. A Medical Officer and a Dental Officer appointed under section 14 shall be under the control and supervision of the Director General whilst in prison and shall perform such duties as may be prescribed. 35 26