Consultants voted on their new contract

Discussions had been taking place between the British Medical Association (BMA) and the Scottish Executive.

But on Wednesday the BMA, which is negotiating on behalf of the consultants, walked away from the talks saying the "differences between us are irreconcilable".

It said the requirement for new consultants to work almost exclusively for the NHS was discriminatory.

The executive said it was disappointed with the BMA, but hoped both parties could get back round the negotiating table soon.

Last November, consultants in Scotland voted narrowly in favour of a new contract which would give them a large pay rise in return for changes to their terms and conditions.

It is our view that this issue could and should have been resolved in Scotland but that inappropriate interference from the Department of Health in England has had a significant influence on the final outcome Dr Peter Bennie BMA

The deal, which was overwhelmingly rejected in England and Wales, proposed rules for newly-qualified consultants who wanted to carry out private work.

It said they would have to do more than 50 hours a week with the NHS before they could work for the private sector.

The BMA believes this discriminates against female medics, because many of them work part-time.

It had been hoped the new contracts would be in place by this April, subject to establishing new terms and conditions for the consultants.

Dr Peter Bennie, a member of the BMA's Scottish consultants committee, said: "During talks, we obtained very clear legal opinion from senior counsel specialising in employment law, which we shared with the Scottish Executive Health Department (SEHD) at an early stage, that the way in which the original framework document treated newly appointed consultants differently from established colleagues would represent unlawful indirect sex discrimination.

Special conference

"The SEHD has clearly indicated that they will not remove the discriminatory aspect of the contract and have refused to share with us their specific reasons they have for taking this position.

"It is our view that this issue could and should have been resolved in Scotland but that inappropriate interference from the Department of Health in England has had a significant influence on the final outcome."

The new pay and conditions offer would give 20% rises in return for less private work and more evening and weekend working.

Consultants in Scotland will now hold a special conference to discuss the way forward.

A spokesman for the Department of Health said the contract negotiations were a matter for the executive.

The central claim that this is being directed by the Department of Health is absolute nonsense Malcolm Chisholm, Health minister

Health Minister Malcolm Chisholm later denounced the BMA's claim that the deal had been scuppered by Westminster as "absolute nonsense".

He said: "The central claim that this is being directed by the Department of Health is absolute nonsense. It is a decision made by ministers here in Scotland.

"The reality is that we do pay on a UK basis so obviously there are Scotland and England in negotiations together, but this decision has been made on the basis of what is good for Scotland."

The stalemate in the talks comes days after GPs in Scotland voted to accept new contracts.

Family doctors north and south of the border have voted overwhelmingly in favour of the new working conditions.

The new contract will reduce working hours and could encourage more doctors to move into general practice in what is seen as the biggest shake-up since the 1950s.