James Reilly (Dublin North, Fine Gael) | Oireachtas source

As the convenor of the review panel, the HSE needs to be able to ensure that all the requirements for the participation of medical practitioners in respect of the formal review process as set out in the Bill, for example, in respect to registration, qualifications and composition, can be complied with. In addition, colleges may not make any nominations to the panel and as they are independent organisations, do not have any accountability. That does not make sense even to me. If the committee does not mind, I will take that out.

The HSE has a statutory obligation here. It is the one which is accountable. The colleges are not accountable. They have no legal responsibility in this regard. The HSE needs to be sure that the nominations put forward meet the standards required in respect of registration, qualifications and composition. Let us take the extreme situation where the college decides not to co-operate and not to put anybody forward. The HSE must be able to appoint people to ensure that the women have a panel. I would have considered the Deputy's position earlier and others would have raised it as well in previous discussions. I know exactly where he is coming from. The caveat here from my perspective is that this already works in terms of my role as Minister where I accept nominations to particular boards. I do not have a right to nominate the people myself but if I do not approve that nomination, they come back with a further nomination. This often happens with issues like trying to maintain gender balance on particular boards. While I appreciate what the Deputy is saying, it would be the normal practice that if somebody is not deemed suitable, another nominee is sought but we must protect ourselves and women and make sure there is a panel suitably available if a college for some peculiar reason decided not to nominate anyone. I hope the Deputy will accept that and I ask him to withdraw the amendment.