Oireachtas Joint and Select Committees

Tuesday, 8 January 2013

Joint Oireachtas Committee on Health and Children

Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland

11:20 am

Ms Caroline Spillane:

Deputy Flanagan asked about the number of deaths resulting from lack of clarity in the legislation. The council can only take action on complaints it receives.

These complaints can be made by patients and members of the public and also by colleagues of doctors and other health care providers. Last year we received approximately 420 complaints. As I outlined, complaints are categorised in our annual report in quite a bit of detail. We produce statistical reports, but these do not isolate abortion as a category. However, from recollection, we have not received any complaint in that area of the guide. A provision in the guide states that if a doctor feels another colleague has acted outside the provisions of the guide, a complaint could be made to the Medical Council. Hypothetically, if a complaint were to be made, our preliminary proceedings committee which is made up of Medical Council and non-Medical Council members, doctors and lay members has powers to investigate complaints comprehensively. If it forms an opinion that there is a case to be heard, a hearing could take place on that basis. The vast majority of the council's fitness to practise inquiries are now held in public. This has been very informative for members of the profession in understanding how breaches of the guide can potentially lead to a complaint being made. It has also had the effect of informing the public about the expectations they can have regarding the standard of care doctors should provide for them.

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