Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I have first hand knowledge of physiotherapists and chiropractors, so this is something I am very conscious of. There is a lot of co-operation between my Department and the Department of Health on this. We are on the same wavelength and we have agreement now that the EPA will be the lead agency from our Department and HIQA will be the lead agency from the Department of Health to agree the procedures and so forth that would be required in regard to this.

However, I revert back to the evidence the Chief Medical Officer gave to the health committee yesterday. I have no function or role, nor can I have one, in deciding which professionals can use these. It is not my responsibility to determine the education and training and capacity and capability of medical professionals to use this equipment.

What we have done in this legislation is to make it clearer, far more transparent, far more streamlined and easier for whatever health professional is going to use this equipment to get licences and to be able to use it.

We streamlined the process and made it far more transparent. However, only the Department of Health can decide who may apply to use it in a health context. We can do as much as we are able in that regard but, ultimately, only the Minister for Health, Deputy Harris, with the advice of the chief medical officer, can declare which health professionals may utilise it. One would not expect me, as Minister, to be decide upon such matters in respect of any other profession. I do not have the necessary expertise in the area. Most members would agree the Department is quite busy anyway without dealing with the health aspects of this issue.

I will read out my prepared reply, which may be helpful to Deputy Stanley. I accept his point on this issue. He is probably correct. This is a discussion that must take place when the statutory instrument is ready. It would probably make far more sense for a draft statutory instrument to be circulated first but that is a matter for the Minister for Health. I will express that view to him on foot of our discussion here. I give a commitment to relay, through my officials, to the Minister for Health that it would be helpful for the draft statutory instrument to be circulated in advance of it being signed.

The Government opposes this amendment as it requires the Environmental Protection Agency, EPA, to adjudicate on or consider matters that are beyond the competency of the agency. The Environmental Protection Agency does not regulate the professional conduct or competence of professions and has no function in determining the levels of education or professional development necessary to carry out procedures using radiation sources. Section 7(2) of the principal Act provides that the function of the Environmental Protection Agency in respect of the use of radioactive substances, materials or sources, radiation sources and radiation generators as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect is limited to the supervision and care of the radioactive substance, materials or sources, radiation sources and radiation generators concerned, as well as ensuring that the said radioactive substances, materials or sources, radiation sources and radiation generators are properly calibrated and maintained. In short, the role of the Environmental Protection Agency is to regulate the equipment used in such practices and ensure it is fit for purpose.

I recall that Deputy Stanley raised the issue of chiropractors on Second Stage of the Bill and I remind him that the designation of competent practitioners for the purposes of carrying out medical procedures is a matter for the Minister for Health and beyond the scope of the Bill. However, I note the comments that have been made and will relay them to the Minister for Health.