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

The section proposes to amend section 72, which requires that sanctions of advice, admonishment or censure are confirmed by a court. Currently that is not the case. In the context of a particular circumstance which has been brought to my attention, there is a facility for registrants to seek that hearings take place other than in public and this can be granted by the fitness to practise committee. When it is granted it predominantly involves cases where there is a relevant medical disability. My opposition arises from the fact that, if it has to go to court and there is misconduct arising from a disability - most probably a mental health issue - this will form part of the admonishment or censure and it will be read out in open court. A person may take a compassionate view of professional misconduct or poor professional practice and, at the moment, the fitness to practise committee can use its discretion to hold back information from the public out of concern for a person's mental health, but this facility will be abolished by virtue of the admonishment containing elements of the disability, which will then be confirmed by the court and go on the public record. The Nurses and Midwives Act 2011 currently allows discretion but this section will change that and my information is that this change may have unintended consequences.