Simon Harris (Wicklow, Fine Gael)
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I thank the Deputy for tabling her amendment. I, too, acknowledge Deputy Kelly and his party leader's work in this area. This is something that all parties, groupings and Independents want to see addressed. We have all been sickened and appalled by this, not even false information, but misleading nonsense and offensive - and we are not allowed use the "L" word - but all of that stuff has been told to women, and people in vulnerable situations as well. I am determined to address the matter by regulation. Let me first explain why I am not in a position to accept this amendment and then I shall outline what we will do.

The amendment proposes a new section 2 to amend the Act to designate the professions of counsellor and psychotherapist by primary legislation. It also proposes to define the scopes of practice of these professions and to include crisis pregnancy counselling in said scopes.

The Act provides that the Minister for Health may, following a consultation process and with the approval of the Houses of the Oireachtas, make regulations designating a health or social care profession not already regulated under other legislation if the Minister considers it to be in the public interest to do so and if certain specified criteria have been met. I absolutely do consider it to be of public interest.

In the case of counsellors and psychotherapists we are already far advanced with this process. I am not exactly sure what the Deputy meant by hoopla. We have already reached public consultation and, indeed, concluded the process. My Department is preparing regulations that I intend to bring to the Oireachtas in the autumn, for the approval of the Oireachtas.

The 2005 Act does not define scope of practice but we discuss it in general. Instead, regulation is primarily by way of registration and the protection of professional titles. It is an offence for non-registrants to use a protected title. Recognising that scopes of practice evolve over time, and in order to ensure public protection, each profession's code of professional conduct and ethics obliges registrants to act within the limits of their knowledge, skill, competence and experience. Any breach of that code can be defined as professional misconduct and is liable to investigation and sanctions, up to and including the cancellation of registration under the fitness to practise provisions.

In terms of the issues of crisis pregnancy counsellors or agencies, and allegations that some of them have provided misleading information, my Department, in addition to the regulation process, is reviewing the regulation of Information (Services Outside of the State For Termination of Pregnancies) Act 1995 to establish if its provisions need to be strengthened. One possibility would be to amend the 1995 Information Act, when counsellors are regulated under the 2005 Act, to prevent professionals who are not regulated by the State from providing crisis pregnancy counselling services.

I shall outline the two parts. The first is to lay the regulations both Houses of the Oireachtas for their approval, to regulate counsellors and psychotherapists in the autumn. Second, we shall see if we can amend the information Act to see if it needs to be further strengthened. There are a number of other things going on in that area at present.

I assure the Deputy that we are genuinely taking action. I know when this committee considered Deputy Howlin's Bill, it was its view as it is Deputy Howlin's, that regulation is the way to go. We are proceeding with haste. I will lay the regulations before the House in the autumn.