Oireachtas Joint and Select Committees

Wednesday, 25 September 2019

Select Committee on Health

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

That is my point. At the end of hearing, one goes back for a confirmatory hearing. One is sent the result, if I recall correctly. I only have experience with one regulator and the system has changed somewhat. My recollection is that one gets a result, goes back in for the confirmation and then one makes the case in situations where the issue is minor. One does not go to the High Court with that because it does not need the approval of the court. One goes in, brings a witness along and says that the person has got his or her life back together or that this was one minor incident that happened four years ago and the person’s record has been exemplary since then and so forth. One can make the case directly to people who are in the same profession and argue that the public interest will not be served by publishing the finding. Now, however, that step is removed. I am not referring here to cases where the issues are serious and the person has been struck off. I am talking about cases that merit censure or admonishment because they are minor, although they may not seem minor to the person affected. Under this legislation, such cases will now be funnelled automatically into the High Court and it is then up to the High Court to decide on publication. Surely, at the lower level, where one is sitting in a room with a committee, one should be able to give reasons as to why it is not in the public interest to publish. Once it goes to the High Court, one is in a somewhat adversarial process which is expensive. It becomes quite intimidatory and scary and the process will take time. It never gets to be over for the person. I do not understand why in the case of lesser incidents, one would still have to go to the High Court. That seems like a big change and one that is not necessarily in the public interest. I do not believe it is in the public interest to always have these cases published, although I do fully accept that there are cases where it is in the public interest to publish. The change proposed here is a big one. It adds an extra layer for people and it is quite-----

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