John Browne (Wexford, Fianna Fail)

I move: "That the Bill be now read a Second Time."

I am pleased to introduce the Second Stage of the Veterinary Practice Bill 2004. As Deputies will be aware, the Bill was initiated in Seanad Éireann in October last and completed its passage through that House on 21 April. The debate on the Bill through all Stages in the Seanad was positive and constructive and the draft measure was improved during its passage through the House. The Minister's openness to taking on board ideas put forward is evidenced by the fact that she proposed 79 amendments during that process. While many of these were purely technical or textual in nature, a significant number reflected proposals and suggestions put forward by Senators. I hope, therefore, the House will be able to give the measure a speedy passage in order that we can put in place a more effective regime for regulation of the veterinary profession as soon a possible.

The veterinary profession has long played a pivotal role in the development of our agriculture and food sectors. The expertise and commitment of its members in the area of animal diseases has enabled our livestock sector to progress and improve and, by so doing, provide a safe raw material for our developing food industry. With developments in the area of veterinary medicine and treatment techniques, considerable progress has been made in combating a range of animal diseases which otherwise would threaten the stable food supply we now take for granted. These developments also contribute to the protection of consumers from diseases which are transmissible from animals to man.

While veterinary practice was traditionally focused on combating animal diseases, in more recent years food safety, trade and animal welfare have also become extremely important issues. The veterinary profession now fulfils a pivotal role in carrying out inspection and certification functions at various stages in the food chain to verify both the standard of animals entering the chain and the standards of the processing operations. The State veterinary service, in particular, plays a major role in international trade, for example, in determining trade rules at OIE — the World Organisation for Animal Health — and bilateral levels and reassuring foreign regulators and consumers through certification functions and otherwise.

Society has correctly become more concerned about the welfare of animals and this is reflected in a growing body of legislation in this area. Here again veterinary practitioners necessarily carry important responsibilities in ensuring requisite standards are complied with. Care of an increasing number and range of pet species has also become an increasing concern of society and here again veterinary practitioners play a pivotal role.

Given the role played by the veterinary profession and the weight of responsibility placed on individual practitioners, it is important from a public policy perspective that regulation of the profession accords to the highest standards and meets current requirements in terms of openness and fairness. It should also facilitate the further development of the profession and its individual members. The earliest elements of the existing legislative foundations governing the profession have been on the Statute Book for more than 70 years. While these were appropriate to their time, this can no longer be said to be the case. Consequently, the former Minister for Agriculture and Food, Deputy Walsh, accepted the need to sponsor replacement legislation and brought this project a considerable way during his period in office. I am pleased to progress the work he initiated.

It is important to note that this is not a matter of imposing a new regime on an unwilling profession. The Veterinary Council, the body charged under the legislation with day-to-day regulation of the profession, has drawn attention to a number of shortcomings in the existing code, particularly in regard to disciplinary aspects, continuing professional development and standards of premises.

Against this background, the Bill is designed to bring regulation of the veterinary profession fully up to date, taking account of the many developments in the environment within which the profession has operated since the original legislation was enacted and will also serve the needs of the profession in the years ahead. It is also appropriate in the public interest that greater transparency should be introduced into regulation of the profession and broader legal developments, including in regard to human rights, should be reflected particularly with regard to disciplinary proceedings. Among the principal features of the Bill are provision for the first time in legislation of a legal definition of veterinary medicine, a broader membership of a re-constituted Veterinary Council of Ireland to reflect interests such as education, consumers, food safety and animal welfare and to provide a better balance between veterinary practitioners and others, an updating of the provisions dealing with registration and for recognition of specialities in particular areas in veterinary practice, provision for continuing professional development which would be a prerequisite for retention on the relevant register, a new model to deal with complaints and a broader range of proportionate sanctions, statutory recognition of veterinary nurses for the first time, the establishment and monitoring by the council of standards of veterinary premises and the council to be given investigative powers commensurate with its regulatory role in the profession.

The Bill is extensive and comprehensive, running to 138 sections and four Schedules. Part 1 contains a number of standard provisions, including definitions and repeals. In regard to the latter, the Bill provides for continuation of the residual aspects of joint recognition arrangements with the UK, under which practitioners registered before 1978 can retain membership of the Royal College of Veterinary Surgeons, the UK regulatory body.

It is obviously necessary to provide for an orderly transfer from the existing Veterinary Council of Ireland to the body to be established under the draft legislation. Among other things, Part 2 will ensure that the existing staff are not disadvantaged by the abolition of the existing council and that all rights and liabilities are properly transferred to the new council. It is important to stress at the outset that the council has been and will remain a self-funding body that does not receive any moneys from the Exchequer.

Part 3 provides for a fundamental restructuring of the council. The current membership of the council is fixed at 17, of whom 12 are practitioners elected by the profession. Nominees of the Minister for Agriculture and Food and UCD, as the sole provider currently of a veterinary degree in the State fill the remaining five places. It is appropriate that the composition of the council should be rebalanced, to avoid an in-built majority of elected members of the profession and to provide for representation of other stakeholders by their nominees. This is not an implied criticism of past or the current councils. However, as a self-regulating profession operating under statute, to continue to command the confidence of society at large, a significant degree of external representation is required. Apart from any other consideration, the increasing complexity of the issues, which the council is likely to encounter in the future means that it will benefit from the range of perspectives and expertise being brought to bear on any particular issue by such an approach. Accordingly, the Bill provides, in addition to the elected membership, for nominees from the FSAI, the Director of Consumer Affairs, the Minister for Education and Science and from institutions providing veterinary education. The Minister would also appoint four members directly from consumers of veterinary services and from the animal welfare world.

As regards the elected membership, during the passage of the Bill through the Seanad, the Minister agreed to increase the number of veterinary practitioners to nine. This will ensure that there is a critical mass of practitioners on the council available to serve on its committees, which will be given an enhanced role under this Bill. The council will also include an elected member representing the veterinary nursing profession. In all, the membership of the council will be 19, compared to the current 17.

The amended composition is balanced in terms of the veterinary profession itself and broader societal interests and will enable the council to carry out its functions effectively in the public interest. While the Bill does not provide for an in-built majority for elected members of the profession on the council, a majority of the profession on the council is not precluded.

In terms of the continuity over time between councils, an amendment was agreed in the Seanad to meet the Veterinary Council of Ireland's desire to provide for a certain degree of overlap between councils by providing for elections midway through the four-year life cycle.

While it is appropriate that the council is being given all the necessary powers to carry out its role, including in staffing and financial matters, provision is made for the Minister of the day to give general policy directions to the council and ultimately for its removal after due process should it fail to carry out the functions assigned to it under the legislation.

Part 4 provides the mechanisms to enable the council to function in its central role of registering and maintaining registers of practitioners. Provision is being made to safeguard the position of those registered on the existing register who as of right will be brought on to the new register. In terms of the categories that may be registered, provision is made for those trained in the State, as well as ensuring that we are in a position to fulfil our obligations under the EU mutual recognition regime. It is also proposed to make better provision for the council to register persons trained in third countries, as under the existing legislation this was limited to countries with which the council had mutual recognition arrangements.

Experience of the 2001 foot and mouth disease episode gave ample demonstration of the potentially devastating effects of disease outbreaks in the national herd and the potential for damage to the economy as a whole. Accordingly, to ensure that in such circumstances at short notice we can call on an adequate supply of veterinary expertise from outside the State, it is proposed to provide for a category of limited registration. Limited registration could also be granted to suitably qualified persons whose expertise is required to teach trainee practitioners.

Some concerns were expressed in the Seanad about the provision for limited registration. However, we must make provision for exceptional circumstances and the relevant section includes important safeguards, including that the council itself must be satisfied of the need for such registrations and that applicants have the requisite knowledge and skills. The council is also enabled to put appropriate restrictions on limited registration, including time limits and limits as to the functions that may be performed.

Part 5 makes provision for the first time in legislation for a definition of the practice of veterinary medicine. This will give greater legal certainty to the council in the execution of its functions. The Minister proposed a number of amendments in the Seanad, which are designed to clarify this important definition particularly with regard to certain categories of procedures.

The Bill will make it an offence for a person other than a veterinary practitioner to practice veterinary medicine or to use a title, which implies that he or she is so qualified. Stringent penalties, which can range up to €130,000 and-or five years imprisonment, are provided in the case of a first offence, or €320,000 and-or ten years imprisonment in the case of a second or subsequent offence. Bodies corporate will continue under this Bill to be precluded from engaging in the practice of veterinary medicine.

It is also necessary, however, to recognise the reality of situations that can occur on the ground when a veterinary practitioner might not be available to treat animals. Accordingly, provision has been made for treatment of animals in an emergency by a non-qualified person and for farmers to be enabled to continue to carry out treatments or procedures that were possible under the existing legislation. Provision is being made for a ministerial regulation-making power in this area also. During the passage of the Bill through the Seanad, the Minister took on board a number of concerns expressed and amendments were agreed to clarify certain aspects of these provisions. An amendment was also agreed in the Seanad, which clarifies the situation of student vets and nurses practising veterinary medicine to gain experience stipulated under their courses.

The significant funding provided for the construction of a state-of-the-art veterinary college on the UCD campus, which opened in 2002 evidenced the importance the Government attaches to the standard of veterinary education. This impressive facility provides the infrastructure and facilities to enable our veterinary graduates to be trained to the highest standards internationally. Bricks and mortar are only part of the story and people of the highest calibre are required to ensure that courses of study match best international practice. The Bill provides that recruitment of such people would be facilitated by this legislation. The Veterinary Council of Ireland itself has always carried a crucial responsibility in the prescription of courses required for registration as a veterinary practitioner and it is proposed to continue and reinforce this role.

As this House recognises, we live in an era of accelerating change, which requires a life-long learning approach. This is particularly true in the veterinary profession, where scientific progress and advances in treatments are constant. Accordingly, the Bill enables the council to prescribe by regulations programmes of education that will be a prerequisite for remaining registered, as well as optional courses. To ensure sufficient focus on educational aspects, a dedicated education committee will be one of three committees the council will be required to establish. The legislation provides for the make-up of this committee to draw particularly from the educational expertise on the council and, where appropriate, to consult external expertise. An amendment agreed in the Seanad will give the council greater flexibility in making additional appointments to this committee.

The education committee, as part of its role in evaluating standards, will be charged with inspecting providers of education and further education and reporting to council. Among its other functions, it will advise the council on specialties in veterinary medicine and on qualifications in veterinary medicine obtained outside the State.

Disciplinary procedures and sanctions were among the shortcomings of existing legislation that were most pronounced. This was mainly due to the lack of proportionality in the range of sanctions that could be imposed on those found guilty of wrongdoing. Part 7 provides for a comprehensive reformulation of the fitness to practise provisions, taking account of the proportionality aspect. In drafting the replacement provisions, it was also appropriate to provide for greater transparency in the disciplinary procedures. The Department of Agriculture and Food took account of advice from the Office of the Attorney General on developments in human rights, in particular the European Convention on Human Rights. The procedures provided for are designed to ensure complaints are investigated fully, expeditiously and in a fair manner, safeguarding the legitimate rights and interests of the complainant and of the person complained against.

There is provision for two mandatory committees of the council, a preliminary investigation one and a fitness to practise one. The role of the former is to examine complaints and decide whether a full inquiry, to be carried out by the latter, is warranted. The procedures have been constructed so that where there is a doubt, the dynamic is in favour of a substantive inquiry taking place. Provision is also made for the council to be kept advised of developments on a complaint, while ensuring that its view of the case is not prejudiced.

The composition of both committees is prescribed to ensure balance and that outcomes will command confidence. Provision is made for equal representation of practitioners and non-practitioners on both committees. In addition, an external chairperson, nominated by either the Bar Council or the Law Society, is stipulated for the fitness to practise committee. For the purposes of an inquiry, the committee will have the same powers, rights and privileges as are vested in the High Court in enforcing attendance of witnesses, production of documents and administration of oaths. Penalties are provided for those persons who commit offences regarding appearance before the fitness to practise committee.

Following a fitness to practise procedure, provision is made for a range of proportionate sanctions that may be imposed by the council. These include removal or suspension from the relevant register, attachment of conditions to continuing registration, including undergoing specified medical treatment, giving of advice, warning or censure by the council and requiring the person complained against to make a contribution of up to €5,000 to the complainant or towards the costs of the council in investigating the complaint. Due process is provided for in terms of notification of a decision and appeal, including appeal to the High Court by the person who is the subject of an adverse finding. The council is empowered to decide to remove from the relevant register a person who has been found guilty of an indictable offence in this State, or equivalent offence in another state. Due process is also provided for in this instance. In the interest of transparency, it is important the public has access to the outcomes of fitness proceedings. Consequently, the council will be required to publish all relevant details in its annual report.

While veterinary nurses have long been a feature of a significant number of veterinary practices, they have not, unlike their counterparts in the human field, enjoyed any separate legal personality under the existing statutes. The growing popularity of veterinary nursing is seen with the specific three year diploma course in veterinary nursing available from University College, Dublin. Part 8 provides for the first formal recognition of veterinary nurses. Responsibility in the first instance for establishing a register of veterinary nurses will rest with the veterinary council, which will be required to establish such a register within two years of establishment day. The Minister may establish a veterinary nurses board of Ireland to take over the veterinary council's functions for veterinary nurses. These arrangements reflect the Department's view that, given their current state of development, it would not yet be appropriate to establish a separate nurses board.

The Bill proposes to designate the range of functions appropriate for veterinary nurses to carry out. Arising from amendments tabled in the Seanad and consultations with members of the veterinary and veterinary nursing professions, several amendments were made to clarify and make more precise what nurses may do and their relationship with veterinary practitioners. Provision is made for additional functions to be assigned to veterinary nurses in light of, for example, technological developments. It is essential to ensure that those working as veterinary nurses, but who do not have a formal qualification in this regard, should not be unduly disadvantaged under the legislation. Accordingly, it is proposed that those working as veterinary nurses on 27 October 2004, the date of publication of the Bill, may apply for provisional registration which can last for up to five years, provided they complete an approved course of education within that period. These arrangements provide an appropriate framework for the development of the discipline of veterinary nursing within veterinary medicine and are in the interests of consumers and of the profession overall.

On the basis of a voluntary scheme, the existing veterinary council has done considerable work with the profession in the improvement of veterinary premises. Under Part 9, these arrangements will be given a statutory basis. This provides for the council to make binding regulations relating to veterinary premises within one year of establishment day. These regulations will cover aspects such as the classification of types of veterinary premises, standards to apply to different categories of premises and signage aspects. Practitioners will have four years from the date of the council making its regulations to bring their premises into line with the requirements. Wide variations in the standard of veterinary premises exist. What may have been acceptable a generation ago is no longer the case. The lack of standardisation in signage can lead to confusion as to the standard of facilities to be expected. These arrangements provide a reasonable basis for practitioners to bring their premises to a required minimum standard progressively.

By definition, the veterinary council's role in the regulation of the veterinary profession is central. It must, therefore, be given the necessary enforcement tools to carry out this role and to be proactive, where appropriate. Accordingly, it is proposed to give the council the power to appoint authorised officers to carry out inspections at veterinary premises and investigations where it is believed an offence is being committed or where a registered person is acting in a manner constituting professional misconduct. Concerns were raised in the Seanad about the extent of the powers to be given to these authorised officers. There was a general feeling that great care should be exercised in extending powers of entry without a search warrant, available to the Garda and officers of the Department of Agriculture and Food, to other agencies, such as the veterinary council. The Minister indicated in the Seanad she would examine this and its related aspects. The Attorney General's office is considering the matter and, if necessary, it can be addressed on Committee Stage.

The Veterinary Practice Bill is comprehensive and well-balanced, taking account of the needs of the profession and the public interest. Several improvements have been made to the Bill during its passage through the Seanad and I hope this House will give favourable consideration to it. I commend the Bill to the House.

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